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Vaniyars of Tiruchendur. They have obtained permission under Order
1, Rule 8 of the Civil Procedure Code ... brought with the
permission of the Court under Order 1, Rule 8 thereof. The
Explanation does not become inapplicable because
Madras High Court
Rule 1 of the
CPC are mandatory or directory in nature, we need to
consider the provisions under Order 8 ... Order 8 Rule 1 of the CPC, we
are unable to hold that the provisions under Order 8
Rule
Supreme Court of India
here that the previous suit was brought
under Order 1, Rule 8 but the defendants objected that the suit ... circumstances of this case bring
it under Order 1, Rule 8. The Secretary of the Brahma Samaj is here
suing
Calcutta High Court
Order 8, Rule 1 and on failure to
file written statement within 90 days under amended Rule 1, Order ... compliance of Order 8, Rule 1 penal consequences in Rule 5 and Rule
10 are contemplated where the Court
Bombay High Court
have filed his written statement, as required by
Rule 1, Order 8, Civil Procedure Code (hereinafter referred ... Rule 10, Order 8,
cannot be passed when a defendant fails to file written statement under
Rule 1, Order
Patna High Court
Code is different from a suit filed under Order 1, Rule-8 of Civil
Procedure Code. We do not agree ... under Sec. 92, C.P.C. Permission under Order 1,
Rule 8, C.P.C. may be granted even after
Madras High Court
careful reading of the
language in which order, 8 Rule 1 has been drafted, shows that it
casts an obligation ... Order
8, Rule 10 which provides that where any party from whom a written
statement is required under Rule 1
Gauhati High Court
1 and 2,
it is contended that the written statement is clearly beyond the period
prescribed under Order 8, Rule ... Order 8, Rule 1 which came to
be substituted by the Act of 1999, read as under:
"1. Written statement
Bombay High Court
amending Order 8, under the Act 46 of 1999, no time limit was
contemplated either under Order 8 Rule ... 1 or under Order 8 Rule 9 of the Code
of Civil Procedure for filing written statement. With a view
Madras High Court
filing written
statement beyond the period prescribed under Order 8, Rule 1, recourse
cannot be taken to the provisions ... combined
reading of the provisions of Rule 1, Rule 9, Rule 10 of Order 8 and
Order 9, Rule
Bombay High Court
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