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ARTICLE · 13 OCTOBER 2022

Time Limit For Filing Of Written Statement In Suits In Delhi

Any law which has general applicability and lays down a general set of rules is considered to be a general law.

IndiaLitigation, Mediation & Arbitration

Introduction

Any law which has general applicability and lays down a general set of rules is considered to be a general law. Whereas a special law is a law which relates to a particular subject and contains special provisions which are different from a general law. The Supreme Court of India has time and again held that between a special law and general law, the special law shall prevail1.

We are here concerned with Order VIII Rule 1 of the Code of Civil Procedure, 1908 ('CPC') on the one side and Rule 4 of Chapter 7 of the Delhi High Court (Original Side), Rules 2018 ('High Court Rules') on the other. It is to be noted that CPC is general procedural law and the High Court Rules are special provisions framed by the High Court to regulate its own procedure in exercise of its ordinary original civil jurisdiction.

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