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Documents citing Zolba vs Keshao And Ors on 1 April, 2008

Rupchand Rajmalji Jain (Sancheti) vs Jayantilal Kalyanji Gada And Ors on 22 February, 2018

However, as observed by the Apex Court in the case of Zolba Vs. Keshao & Ors. (Supra) that, "it would be open to the Court to permit the Defendant to file his written statement, only if exceptional 8/18 WP-5056-15.doc ::: Uploaded on - 27/02/2018 ::: Downloaded on - 28/02/2018 01:12:14 ::: circumstances have been made out". Therefore, in the present case, one has to consider whether the exceptional circumstances are made out and whether the reasons given by the Petitioner for setting aside such order of "No WS" passed against him and for condonation of delay in filing the written statement is just, legal and correct. In order to ascertain the said reasons, this Court has to take into consideration the course of the litigation and for that purpose, the facts of the present case.
Bombay High Court Cites 5 - Cited by 0 - Full Document

Amalesh Mondal & Anr vs Animesh Mandal & Ors on 19 December, 2014

From the catena of judgements cited at the Bar it is necessary to notice Kailash Vs. Nankhu (supra) and Zolba Vs. Keshao and Ors (supra). In both the judgements the Hon'ble Apex Court was pleased to interpret the provisions of Order no.8 Rule 1 CPC holding that the same was not mandatory in character and, the Court should not ordinarily deny opportunity to a litigant of contest in an adversarial legal process. The Court should not also be rendered remediless to repair an extreme situation for the ends of justice. The Hon'ble Apex Court was also pleased to consider the meaning of what constitutes 'sufficient cause' for condoning the delay in filing the written statement. In the opinion of the Hon'ble 15 Apex Court in an exceptional situation it would be open to the Court to permit a party to file its written statement.
Calcutta High Court (Appellete Side) Cites 10 - Cited by 0 - S Talukdar - Full Document

National Bank Ltd vs Dulal Kanti Chowdhury & Ors on 30 April, 2010

Again in Zolba vs. Keshao 2008 (11) SCC 769 the Apex Court in terms held that in an adversarial system, no party should ordinarily be denied opportunity of participating in a process of justice dispensation. Therefore, unless compelled by express and specific language of the statute, any procedural enactment should not be construed in a manner, which would leave the Court helpless to meet extraordinary situations in the ends of justice.
Calcutta High Court Cites 16 - Cited by 0 - M S Shah - Full Document

Shri Brij Mohan Sehgal vs Mrs. Disha Gupta on 21 August, 2021

"8. Therefore, following the principles laid down in the decision, as noted hereinabove, it would be open to the court to permit the appellant to file his written statement if exceptional circumstances have been made out. It cannot also be forgotten that in an adversarial system, no party should ordinarily be denied the opportunity of participating in the process of justice dispensation. Therefore, unless compelled by express and specific language of the statute, the provisions of Order 8 Rule 1 of CPC or any procedural enactment should not be construed in a manner, which would leave the court helpless to meet extraordinary situations in the ends of justice.
Delhi District Court Cites 10 - Cited by 0 - Full Document
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