https://www.taxtmi.com/caselaws?id=185062 Order VIII Rule 1 CPC was construed as directory rather than mandatory in an exceptional case, because the provision is procedural and does not expressly bar acceptance of a written statement filed after ninety days. The Court emphasised that procedure should advance justice, and that discretion may be exercised where the circumstances justify delay. It also held that the High Court's interference with the trial court's acceptance of the delayed written statement was unsustainable, since the filing had been made within the extended time granted and equitable principles favoured restoration of the trial court's order. en-us Tue, 10 Jul 2007 00:00:00 +0530 Fri, 29 Jul 2016 16:00:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185062 Order VIII Rule 1 CPC was construed as directory rather than mandatory in an exceptional case, because the provision is procedural and does not expressly bar acceptance of a written statement filed after ninety days. The Court emphasised that procedure should advance justice, and that discretion may be exercised where the circumstances justify delay. It also held that the High Court's interference with the trial court's acceptance of the delayed written statement was unsustainable, since the filing had been made within the extended time granted and equitable principles favoured restoration of the trial court's order. Case-Laws Indian Laws Tue, 10 Jul 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185062