https://www.taxtmi.com/caselaws?id=126780 In election petitions, the Code of Civil Procedure applies only subject to the Representation of the People Act, the rules made under it, and the High Court rules governing procedure. Order VIII Rule 1 therefore operates in a qualified manner, and the trial court may follow the special election law framework where it covers the field. The time limit for filing a written statement under the proviso to Order VIII Rule 1 is directory, not mandatory, so the court retains discretion to accept a delayed written statement for recorded reasons in exceptional cases to avoid grave injustice. The written statement could accordingly be taken on record. en-us Wed, 06 Apr 2005 00:00:00 +0530 Sat, 05 Jan 2013 17:33:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=126780 In election petitions, the Code of Civil Procedure applies only subject to the Representation of the People Act, the rules made under it, and the High Court rules governing procedure. Order VIII Rule 1 therefore operates in a qualified manner, and the trial court may follow the special election law framework where it covers the field. The time limit for filing a written statement under the proviso to Order VIII Rule 1 is directory, not mandatory, so the court retains discretion to accept a delayed written statement for recorded reasons in exceptional cases to avoid grave injustice. The written statement could accordingly be taken on record. Case-Laws Indian Laws Wed, 06 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=126780