Supreme Court · 2005 INSC 578 · Decided 18 November 2005

Shaikh Salim Haji Abdul Khayumsab v. Kumar and ORS.

Court
Supreme Court of India
Citation
2005 INSC 578 · [2005] SUPP. 5 S.C.R. 349
Case number
CIVIL APPEAL No. 6907/2005
Decided
18 November 2005
Bench
ARIJIT PASAYAT, R.V. RAVEENDRAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

B Code of Civil Procedure, 1908-0rder VIII Rule 1 (as amended by Civil Procedure Code (Amendment) Act, I999)-Written statement-Filing of­ Extended time granted by Court beyond prescribed period-The extended C date being holiday, written statement filed on the next day-Refusal by Court to as unacceptable-On appeal, held: The Court could not have refused to accept the written statement as it was within the time granted by it-Party cannot suffer for the mistake of the Court-The provision being procedural, the same should not be construed as mandatory-It is always D subservient to

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