Supreme Court of India · 2007-07-10
M/S R.N. Jadi & Brothers And Ors vs Subhashchandra
- Citation / case number
- AIR 2007 SUPREME COURT 2571
- Court
- Supreme Court of India
- Petitioner
- M/S R.N. Jadi & Brothers And Ors
- Respondent
- Subhashchandra
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, D.K. Jain
Judgment text excerpt
The Supreme Court held that the provisions of Order VIII Rule 1 of the Code of Civil Procedure, 1908 are directory rather than mandatory, allowing for the acceptance of a written statement filed beyond the stipulated 90 days if justifiable reasons are provided. The Court overturned the Karnataka High Court's ruling that dismissed the appellants' review petition, emphasizing the need for a fair trial and expeditious disposal of civil suits as per the principles of natural justice. The appeal was allowed, reinstating the trial Court's acceptance of the written statement despite the delay.