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november 2008

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.

Sambhaji & Ors vs Gangabai & Ors · Niyam