Supreme Court · 2005 INSC 362 · Decided 16 August 2005
Rani Kusum v. Kanchan Devi and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 362 · [2005] SUPP. 2 S.C.R. 752
- Case number
- CIVIL APPEAL No. 5066/2005
- Decided
- 16 August 2005
- Bench
- ARIJIT PASAYAT, H.K. SEMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908-0rder VI!l Rule I (As amended by Code of Civil Procedure (Amendment) Act, 2002-Written statement filed beyond maximum period-Acceptance of-Held: It was in discretion of C court-Amended Order VIII, Rule I though worded in negative form, was not mandatory keeping in time is specifically taken away nor consequences of non-extension of time specifically provided for. D Respondent was served with summons issued by the trial court. They filed their written statement beyond 90 days, which was the magimum period allowed, apart from the normal period of30 days
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