Supreme Court held that. ‘a Civil/Trial Court can accept the written statement even after statutory time limit of 90 days‘, as prescribed under Order 8 Rule 1.
Sambhaji and Ors Vs Gangabai and Ors on 20 Nov 2008
15. In the instance case the trial court proceeded on the erroneous premises that there was no scope to accept the written statement after 90 days. The High Court by the impugned order held that though it had power, no case was made out to accept the prayer. We have considered the grounds indicated by the appellants seeking acceptance of the written statement filed belatedly. They cannot be considered to be trivial or without substance. In the case of this nature where close relatives are litigants a liberal approach is called for. In the circumstances we set aside the impugned order of the High Court affirming the order passed by the trial court refusing acceptance of the written statement. The matter is not very complex. We request the trial court to complete trial of the suit within the period of six months. The appeal is allowed without any order as to costs.
Citations : [2009 ELT SC 240 1612008 AIR SC SUPP 7672008 SUPREME 8 7142008 SCC 17 1172009 BOMCR SC 1 812008 JT 13 442008 SCALE 15 5222008 AIOL 13332008 SLT 9 2982009 ALLMR SC 1 9212008 SCR 16 4692009 ELT 240 161]
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