Arnav Kashyap, Symbiosis Law School, Pune
ABSTRACT
Order VIII of the Code of Civil Procedure deals with a written statement submitted by the defendant while dealing with a plea by the petitioner. This paper takes an intricate look into the proceedings of Order VIII, Rule 1 of the CPC, and an analytical view of its drafting structure in India and other foreign countries. It tackles the rule's limitations and improvements that could be set forth concerning the same. The analysis is driven based on multiple legal positions evaluated in journals and a thorough reading of the same.
The research utilises a multi-faced methodology combining doctrinal, applied legal, and analytical approaches. Doctrinal research forms a foundation that enables a thorough analysis of legal provisions, amendments, and judicial decisions related to Order VIII Rule 1. The applied legal methodology assesses the practical implications of these legal rules, while the analytical approach synthesises insight from secondary sources of law.
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