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july 2007

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.

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