P&H: Right of defence is a valuable right and cannot be denied on a strict technical reading of procedural rules.
High Court has declined to interfere with a trial court order that gave defendants time to respond before deciding whether their right to file a written statement should be closed in a partition suit.
The petitioner wanted the court to invoke Order 8 Rule 10 read with Order 8 Rule 1 of the Civil Procedure Code and bar the defendants from filing their written statement, arguing that the statutory period of 30/90 days had long expired.
The dispute arose from a suit for possession by way of partition. The defendants first moved an application under Order 7 Rule 11 CPC...
