Allowed
Dhondiram Babaji Pawar v. Uttam Dnyanu Chavan
Bombay HCWP/3117/2010
Case brief
AI extract
What is this about?
This High Court in Civil Appellate Jurisdiction addressed a writ petition challenging an order refusing permission to file a written statement due to delay. The court held that Order VIII Rule 1 CPC is directive, not mandatory, and allowed the filing upon deposit of costs, granting withdrawal rights if costs were not paid within three weeks.
What did the court decide?
Permission granted to file written statement upon deposit of Rs.5000/- before the trial court within three weeks; amount refundable on dismissal if not deposited.