Supreme Court of India · 2007-07-10
M/S R.N. Jadi & Brothers & Ors vs Subhashchandra
- Court
- Supreme Court of India
- Petitioner
- M/S R.N. Jadi & Brothers & Ors
- Respondent
- Subhashchandra
- Author
- P.K. Balasubramanyan
- Bench
- P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that the amendments to the Code of Civil Procedure, particularly Order VIII Rule 1 and Section 148, impose a strict timeline for filing written statements, limiting the court's discretion to extend this period. The Court emphasized that the legislative intent was to prevent delays in civil proceedings and that defendants must file their written statements within 90 days of receiving summons. The High Court's decision to set aside the trial court's acceptance of the written statement was deemed erroneous, reinforcing the necessity of adhering to procedural timelines.