Supreme Court · 2007 INSC 740 · Decided 10 July 2007
M/S R.N. Jadi & Brothers and ORS. v. Subhashchandra
- Court
- Supreme Court of India
- Citation
- 2007 INSC 740 · [2007] 8 S.C.R. 241
- Case number
- CIVIL APPEAL No. 2925/2007
- Decided
- 10 July 2007
- Bench
- ARIJIT PASAYAT, P.K. BALASUBRAMANYAN, D.K. JAIN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Code of Civil Procedure, '1908: Order VIII Rule I and proviso thereto-Written statement filed beyond , 90 days from the date of service of summons-Trial court accepting written C statement-High Court holding that the written statement filed beyond 90 days from the date of service could not have filing written statement fell beyond 90 days and written statement was filed on the date fu:ed--ln the facts and circumstances of the case, mCvcim of equity-actus curiae neminem gravabit and lex non D cogit ad impossibilia, is applicable-Thus, order of High Court set aside"­ Written
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