Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure Letters Patent of 1865-Clause 37-Chartered High Courts-Code of Civil Procedure-Historical development-Discussed Doctrine of stare decisis-Explained 1908 (as amended in 2001)-Section 129 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908 (as amended in 2002)-Section 129; Letters Patent of 1865-Clause 37-Chartered High Courts-Proceedings on the Original Side are governed by Rules made by High Court and not by the Code of Civil Procedure-High Court has discretion to grant extension of time for filing written statement without being affected by Order 8 rule 1 of amended CPC-The non obstante clause used in Section 129 is not merely declaratory, but indicative of Parliament's intention to prevent the application of the CPC in respect of civil proceedings on the Original Side of the High Courts. Code of Civil Procedure-Historical development-Discussed Doctrine of stare decisis-Explained The appellant company sued respondent company on the Original side of the High Court for damages of Rs.I 000 crores. The summons were served on the respondent on 9.4.2003. Respondent applied for extension of time to file written statement on 2.5.2003. Single Judge held that respondent has 90 days to file written statement by 8.7.2003 and so extension sought is premature. Further time to file written statement was granted upto 28.7.2003 on payment of costs. Appellant filed an appeal to the Division Bench against extension upto 28.7.03 on the ground that in view of the amendment of CPC does not allow any extension of time after 90 days. Division Bench held that matter is governed by Original side Rules and not by amended provisions of Order 8, Rule I CPC. In appeal to this court, appellant contended that the power of the High Court to frame rules governing the procedure on its Original Side is a delegated legislative power, and can in no event override or be independent of the parent legislation, namely, the CPC; that Parliament has, by prescription of rules in the First Schedule to the CPC, declared that the said rules would have the same status as if enacted in the body of the Code itself and that Section 129 CPC does not invest any independent power in the High Courts to make rules, but must be read harmoniously with the High Courts power under Section 122 CPC, if not as subordinate and subject thereto. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2005 INSC 14 |
Petitioner | Iridium India Telecom Ltd. |
Respondent | Motorola Inc. |
SCR | [2005] 1 S.C.R. 73 |
Judgement Date | 2005-01-05 |
Case Number | 40 |
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