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1 - 10 of 13 (0.23 seconds)New India Assurance Co. Ltd vs Hilli Multipurpose Cold Storage Pvt Ltd on 4 March, 2020
11. I have gone through principles laid down in all the
rulings relied by both the parties. The rulings relied by
-6-
NC: 2023:KHC:24698
WP No. 7448 of 2020
counsel for the plaintiffs is to the effect that there is a
legislative mandate that written statement should be filed
within 30 days and at the most it can be extended for a
further period of 60 days and no more. On the other hand
principles laid down in rulings relied by learned counsel for
the defendants is to the effect that order VIII rule 1 of CPC
are directory in nature and not mandatory.
Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005
In the background of the principles laid down in the
above said rulings, it is pertinent to note that it is an
admitted facts that there is delay in filing written statement.
However issues are not yet framed as other defendants
have filed written statement and present applications are
moved before framing of issues. The defendants are
contending that they were prevented from filing the written
The State Of Bihar & Ors vs Bihar Rajya Sahkari Bhumi Vikas Bank ... on 10 November, 2016
Hon'ble Supreme Court in Civil
Appeal No. 7314/2018 (The state of Bihar & Others vs.
Bihar Rajya Bhumi Vikas, Bank Samithi) has held that;
Kailash vs Nanhku & Ors on 6 April, 2005
In Kailash Vs. Nanhku and others, ILR
2005 KAR 2443, it is held that:
Article 227 in Constitution of India [Constitution]
Justice. Micheal F.Saldanha (Retd.) vs Sri. M.P. Noronha (Melwyn Prakash ... on 23 August, 2016
3. ILR 2016 KAR 4700 (Justice M.F. Saldanha Vs.
M.P. Noronha and others)
Radhey Shyam & Anr vs Chhabi Nath & Ors on 26 February, 2015
4. A perusal of the material on record including the
impugned order passed by the Trial Court will indicate that the
same does not suffer from any illegality and infirmity nor can the
same be said to be capricious or perverse occasioning failure of
justice warranting interference of this Court in exercise of its
powers under Article 227 of the Constitution of India, as held by the
Apex Court in the case of Radhey Shyam Vs. Chhabi Nath
reported in (2015) 5 SCC 423.