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december 2008

Supreme Court of India · 2008-12-02

Mohammed Yusuf vs Faij Mohammad & Ors

Citation / case number
AIR 2009 SC (SUPP) 1741
Court
Supreme Court of India
Petitioner
Mohammed Yusuf
Respondent
Faij Mohammad & Ors
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the validity of a High Court order allowing the respondents to file a written statement after significant delay, despite the appellant's application under Order 8 Rule 10 of the Code of Civil Procedure being rejected. The Court held that the High Court erred in permitting the respondents to contest the suit on merits after a prolonged period without filing a written statement, emphasizing the importance of adhering to procedural timelines. The order of the High Court was set aside, reinstating the trial court's decision to reject the written statement.

Mohammed Yusuf vs Faij Mohammad & Ors · Niyam