Supreme Court of India
Zolba v. Keshao and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the High Court as well as the trial court had erred in rejecting the application for condoning the delay in filing the written statement.
Judgment, page 6
From the headnote
Code of Civil Procedure, 1908: Or. 8, r. 1 - Filing of written statement after expiry of c statutory period - HELD: It would be open to the court to permit defendant to file written statement if exceptional circumstances have been made out - Unless compelled by express and specific language of statute, provisions of Order 8 Rule 1 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 - In the instant case, facts stated would constitute sufficient cause for condoning delay in filing
Where later benches applied it
Of those, 1 referred to
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