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“In construing the provision of Order VIII Rule 1 and Rule 10 CPC, the doctrine of harmonious construction is required to be applied. The effect would be that under Rule 10 of Order VIII CPC, the court in its discretion would have power to allow the defendant to file written statement even after the expiry of period of 90 days provided in Order VIII Rule, 1 CPC. There is no restriction in Order VIII Rule 10 CPC that after expiry of Ninety days, further time cannot be granted. The Court has wide power to ‘make such order in relation to the suit as it thinks fit’. The provision of Order VIII Rule 1 CPC providing upper limit of Ninety days to file written statement is directory”, was held in which of the following below given case/cases -
Salem Advocate Bar Association vs. UOI (2005) 6 SCC 344
Sumitibai vs. Paras Finance Co., (2007) 10 SCC 82
Sandeep Thapar vs. SME Technologies (P) Ltd. (2014) 2 SCC 302
All the above
In all three cases, it was held that the “The provision of Order VIII Rule 1 CPC providing upper limit of 90 days to file written statement is directory”.
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