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july 2007

Supreme Court of India · 2007-07-10

M/S. R.N. JADI & BROS. vs SUBHASHCHANDRA

Citation / case number
SC 2006/20308
Court
Supreme Court of India
Petitioner
M/S. R.N. JADI & BROS.
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, regarding the filing of written statements are directory rather than mandatory, as established in Kailash v. Nanhku (2005 (4) SCC 480). The Court ruled that the trial court's acceptance of a written statement filed two days late was permissible, emphasizing the need for a fair trial and expeditious disposal of civil suits. The appeal was allowed, overturning the High Court's decision that had dismissed the written statement due to the delay.

M/S. R.N. JADI & BROS. vs SUBHASHCHANDRA · Niyam