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Search Results for "written statement delay"

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High Court

Bombay High Court Adjudicates Election Petition Regarding Improper Rejection of Nomination Paper Due to Disqualification Under Representation of People Act, 1951. Issue Centers on Whether Suspension of Conviction and Sentence Under Section 389 CrPC Removes Disqualification for Contesting Elections.

26 Oct 2005

This election petition under Section 81 of the Representation of the People Act, 1951 challenged the rejection of the petitioner's nomination paper fo...

High Court

Bombay High Court Allows Defendant to File Written Statement After Seven-Year Delay in Suit for Declaration of Conveyance Deed as Void. Court condones delay and sets aside order of Prothonotary directing suit to proceed without written statement, holding that the Defendant had no opportunity to contest the suit on merits and that the Plaintiffs would not be prejudiced by permitting the written statement.

1 Feb 2024

The present case arises out of a suit filed by the Plaintiffs, Joana Rose Philomina Miranda and others, against the Defendant, Western Pre Fab Pvt. Lt...

High Court

Bombay High Court Allows Written Statement Filed Beyond 90 Days in CPC Suit — Delay of 24 Days Condoned Due to Plaintiff's Failure to Furnish Documents and Court's Fixing of Later Date. The court held that Order 8 Rule 1 CPC is directory and that the trial court erred in rejecting the written statement without considering the reasons for delay.

27 Jan 2006

The petitioners, defendants in a civil suit, challenged an order rejecting their written statement for being filed 24 days after the expiry of 90 days...

High Court

Bombay High Court Dismisses Condonation of Delay in Filing Written Statement in Commercial IP Suit — Delay of 410 Days Not Sufficiently Explained. Policy Changes and Preoccupation of Legal Team Held Not to Constitute Sufficient Cause Under Order VIII Rule 1 CPC.

26 May 2020

The case involves a commercial IP suit filed by Metro Shoes Ltd (Plaintiff) against Flipkart India Pvt. Ltd. and Tech-Connect Retail Pvt. Ltd. (Defend...

High Court

Bombay High Court Allows Filing of Written Statement Despite Delay in Civil Suit for Declaration and Injunction. Order 8 Rule 1 CPC Held Directory, Not Mandatory — Delay Condoned on Sufficient Cause with Costs.

10 Oct 2012

The petitioner, Dhiraj Vijaykant Kudale, filed a writ petition under Article 227 of the Constitution of India challenging three orders passed by the t...

High Court

High Court of Karnataka Allows Defendant to File Written Statement Despite Delay — Liberal Approach Under Order VIII Rule 9 CPC. The court set aside the trial court's dismissal of the application, holding that the delay could be compensated by costs and that a liberal view should be taken to avoid multiplicity of litigation.

28 Jul 2015

The petitioner, who was defendant No.3 in the original suit, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging...

High Court

Bombay High Court Allows Writ Petition, Sets Aside Rejection of Delay Condonation in Filing Written Statement — Emphasizes Liberal Approach to Condonation of Delay to Advance Substantial Justice. The court condoned a delay of 31 months and 16 days in filing the written statement, holding that technicalities should not defeat substantial justice.

27 Jan 2023

The present Writ Petition was filed by the Original Defendants (Shriram Transport Finance Co. Ltd. and Citi Corp. Finance India Ltd.) challenging the ...

High Court

High Court Allows Writ Petition for Condonation of Delay in Filing Written Statement in Partition Suit. The Court Exercised Discretion to Condone 58-Day Delay Considering Nature of Partition Litigation, Parties' Advanced Ages, and Practical Difficulties in Executing Decree Without Defendant's Pleadings Under Order VIII Rule 1 of Code of Civil Procedure, 1908.

7 Mar 2026

The dispute originated from Regular Civil Suit No.14 of 2016 filed by the respondent against the petitioner for partition and separate possession of s...

High Court

Bombay High Court Allows Extension of Time to File Written Statement Beyond 90 Days in Civil Suit — Order VIII Rule 1 CPC Held Directory. Petitioner/Defendant Granted Relief as No Dilatory Tactics Were Adopted and Sufficient Cause Was Shown for Delay.

20 Oct 2006

The petitioner/defendant challenged the judgment and order dated 30th June 2003 passed by the learned Civil Judge, Junior Division, Margao, which decl...

High Court

High Court of Karnataka Allows Defendants to File Written Statement in Suit for Declaration of Title and Possession — Delay Condoned Due to Lack of Notice and Sufficient Cause. The court held that the trial court ought to have taken a liberal view and condoned the delay in filing the written statement under Order 8 Rule 1 CPC, as the defendants had a right to contest the suit on merits and the delay was not intentional.

11 Jan 2018

The petitioners, who were defendants in O.S.No.6525/2012 before the Principal City Civil and Sessions Judge, Bengaluru, filed writ petitions under Art...

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