Zolba vs Keshao And Ors

The Supreme Court held that the High Court erred in dismissing the appellant's writ petition for condoning a 35-day delay in filing the written statement under Order 8 Rule 1 of the Code of Civil Procedure (CPC). The Court emphasized that the provisions of Order 8 Rule 1 are directory in nature, allowing for discretion in condoning delays, especially when the appellant acted under the bona fide belief based on legal advice. Consequently, the Court set aside the High Court's order and directed that the written statement be accepted, thereby allowing the appellant to contest the partition suit.