Supreme Court · 2008 INSC 1329 · Decided 20 November 2008
Sambhaji & ORS. v. Gangabai & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1329 · [2008] 16 S.C.R. 469
- Case number
- CIVIL APPEAL No. 6731/2008
- Decided
- 20 November 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 1908: G 0.8 r.1, proviso - Written statement- Filing of, after the extended period of 90 days - Permissibility - Held: Order 8- r. 1 does not specifically take away power of court to accept written statement beyond the time provided for - Nature of the provision contained D not ordinarily be construed as mandatory - Merely, because a provision of law is couched in a negative language implying -1 mandatory character, the same is not without exceptions - On facts, grounds indicated by the defendants for seeking acceptance of the written statement filed
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