Daksh (Student) 28 October 2010

Authorities on Order VIII Rule 10

Dear All,

Kindly provide to the undersigned authorities to the effect that on account of pendency of the Application under Order VII Rule 11 of the Civil Procedure Code the delay in filing of the written statement does not forfeit defendant's right to file written statement even after 90 days period as prescribed in the CPC.

Best Regards

Daksh

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3 Replies

valentine (Advocate) 29 October 2010

The Supreme Court judgement is on this forum on O VIII Rules 1-10. Please go through the same. It is very comprehensive. But all such judgments vary depending upon the facts and circumstances of the case. So they should be weighed on the scale of facts peculiar to a particular case. The general rule set out by CPC is WS should be filed within 30 days from the date of service of the notice or under special circumstances 90 days. But many courts allow period exceeding even 90 days using discretion.