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december 2008

Supreme Court of India · 2008-12-02

MOHAMMED YUSUF vs FAIJ MOHAMMAD .

Citation / case number
SC 2008/185
Court
Supreme Court of India
Petitioner
MOHAMMED YUSUF
Respondent
FAIJ MOHAMMAD .
Author
S.B. SINHA,CYRIAC JOSEPH, , ,
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court addressed the validity of the High Court's order allowing the respondents to file a written statement despite significant delays, emphasizing the importance of balancing the right to a fair trial with procedural adherence. The Court held that the High Court's decision to permit the respondents to contest the suit on merit, subject to costs, was justified under the circumstances, thereby setting aside the lower court's refusal to accept the written statement. The ruling underscores the discretion of courts to allow late filings to ensure justice is served, referencing Order 8 Rule 10 of the Code of Civil Procedure.

MOHAMMED YUSUF vs FAIJ MOHAMMAD . · Niyam