Supreme Court of India · 2008-11-20
Sambhaji & Ors vs Gangabai & Ors
- Citation / case number
- AIR 2008 SC (SUPP) 767
- Court
- Supreme Court of India
- Petitioner
- Sambhaji & Ors
- Respondent
- Gangabai & Ors
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that under Order VIII Rule 1 of the Code of Civil Procedure, 1908, the trial court has no authority to accept a written statement filed beyond the stipulated period of 90 days, as amended by the 1999 Amendment Act. The Court found that while the High Court's view on the trial court's power was incorrect, it did not warrant interference in the case at hand. Consequently, the appeal was dismissed, affirming the lower courts' decisions regarding the non-acceptance of the written statement.