CPC O.8 R. 1 – Without affording opportunity to explain the delay the defence can not be struck off.

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CPC, 1908 Order 8, Rule 1 – Non-filing of written statement – Defence struck of – But without giving a fair and reasonable opportunity to the defendants to explain the delay in presenting the written statement, the trial Court one fine day struck off the defence of the petitioner leading ultimately to lot of wastage of time not only of the parties‟,
but its own time and that of this Court to pass this order only after first time in understanding the grouse – A Civil Judge (Senior Division) should not pass such orders as their inevitably lead to failure of justice.

(2020-3)199 PLR 097

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CPC S. 103 - Before powers u/s 103 C.P.C. can be exercised by the High Court in a second appeal, the following conditions must be fulfilled

CPC O.8 R.1 - Greater sensitivity must be shown by the court in matrimonial matters which cannot be compared to the standards of ordinary civil litigation

CPC O.8 R. 1 – Without affording opportunity to explain the delay the defence can not be struck off.

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CPC O.8 R. 1 – Court below could have permitted to file written statement subject to certain penalty as a deterrent – Provision has been held to be directory in nature – By way of imposition of costs, petitioner shall plant 100 trees of deciduous and perennial in nature,

CPC O. 9, R. 13 – As a consequence of setting aside of the ex parte decree , Defendants cannot be permitted to file their written statement.

HMA S. 24, 28A – Interim maintenance – Non payment of – Striking off of defence under inherent powers u/s 151 CPC

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CPC S. 103 - Before powers u/s 103 C.P.C. can be exercised by the High Court in a second appeal, the following conditions must be fulfilled

CPC O.8 R.1 - Greater sensitivity must be shown by the court in matrimonial matters which cannot be compared to the standards of ordinary civil litigation

CPC O.8 R. 1 – Without affording opportunity to explain the delay the defence can not be struck off.

read MORE

CPC O.8 R. 1 – Court below could have permitted to file written statement subject to certain penalty as a deterrent – Provision has been held to be directory in nature – By way of imposition of costs, petitioner shall plant 100 trees of deciduous and perennial in nature,

CPC O. 9, R. 13 – As a consequence of setting aside of the ex parte decree , Defendants cannot be permitted to file their written statement.

HMA S. 24, 28A – Interim maintenance – Non payment of – Striking off of defence under inherent powers u/s 151 CPC

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