limitation
pushpakrishna
(Querist) 09 February 2017
This query is : Resolved
dear experts
how many times a judge can give time adjourments to file WS and counter after 90days consideration.is it any provision of law to give time for filing WS and counter if the defendant files adjournment petitions on payment of costs
since one year it is coming from W
S and counter.
kindly advice on this .thanq.
Advocate Bhartesh goyal
(Expert) 09 February 2017
Defendant shall within thirty days from the date of service of summons on him, present a written statement of his defence but court can allow him to submit the same upto ninety days from the date of service of summons ,on a sufficient reason.pray to court to forfeit defendants right to submit written statement.
J K Agrawal
(Expert) 09 February 2017
Visit to office of your counsel one day before.
Be present in court room when you case called for.
be sure that you has paid properly to your advocate.
Ask question to your counsel that why he did not raise objection against adjournment.
Struggle tight for early date.
do not let the reader of the Court to deal your case.
do not let Munshi of your advocate to deal your case.
Change your advocate if not serious about your case.
It all will work.
Ms.Usha Kapoor
(Expert) 10 February 2017
Agree with Bharatesh Goyal and JK Agrawal. J.K.Agrawal.
Dr J C Vashista
(Expert) 10 February 2017
Supreme Court in the case of 'Salem Advocates Bar Association Vs. Union of India' has clarified the position qua limitation for filing of WS and granted discretion to the adjudicating court where "no" limit exist.
Guest
(Expert) 11 February 2017
Confusion created by CPC amendment of 2016 is pending but according to my interpretation of last amendment things are as follows.
Within 30 days from date of service of summons Written statement is required to be presented in Hon. Court.
If within 30 days WS is not filled cost is imposed and maximum time to file Written statement is upto 120 days (Previously 90 days) and after 120 days according to latest amendment right to file Written statement is forfeit.
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Now according to me after 120 days Advocate of Plaintiff should take strong objection that WS can not be taken on record as right to file WS is forfeit .
If such order is not passed then immediately within 30 days against the order of taking WS on record , plaintiff should appeal in Dist court.
Advocate should also take steps to get NO WS order after 120 days from Court.
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I have seen some advocate don't take such step one reason is that case can end in next 4 months if WS is not taken on record.
One unwanted advice to people who take professional help ---
Law is Post graduate level subject , When people don't pay properly as per expectation of Advocate under circumstances Advocate do such things. Never do kanjusi with Professional while paying fees may it be Dr, CA , CS , Adv , Arch or any other field.
I don't exactly remember which lecture I was attending that time Senior in field was talking about professional misconduct , real cause is that when person don't pay fee properly to professional then he finds way to earn money in other way and earn and this cause lot problem in quality of work of professional and this is applicable to all professional , if Dr are not paid properly they will earn from pathologist , if arch is not paid properly they will earn from contractors , if advocate are not paid properly they will earn from delaying the case so on
Dr J C Vashista
(Expert) 11 February 2017
Dear Madhu,
I think you have gone through the citation mentioned herein above, which has clarified that Code of Civil Procedure, 1908 is directory but not mandatory.
Accordingly, limitation prescribed u/o VIII Rule 1 CPC for filing of written statement within 30 days of service of notice, which may be extended to 90 days by the court giving reasons thereof, is a direction to the court but not "mandate", you will agree and appreciate.
With regards.
pushpakrishna
(Querist) 11 February 2017
Thanq very much dear experts for your valuble advice and please note that i am very confident that my counsel is doing his job perfectly.but only thing is my counsel saying that if we file a petition in the appealate court there is also the other side may pray time and it is also a defficult and hence my counsel saying that we have to wait and one more thing my counsel always saying that WE MAY LOOSE 100 CASES BUT WE SHOULD NOT LOOSE THE MIND OF A JUDGE UN LESS THERE IS A STRONG REASON ABOUT THE JUDGE.more over the judge is newly appointed.
once again thanq dear experts.
Guest
(Expert) 11 February 2017
Resp. Vashista Sir,
I will certainly go through the judgement which you have mentioned (Although heard about it many times )
But there is real problem in CPC after amendment of 2016 , I asked official text of CPC 2016 from Legislative dept they have sent me old edition, now waiting for latest updated till that time there are many confusion in my mind regarding CPC .
But one exhaustive commentary by Retired High Court Judges and forwarded by Supreme Court Judge I went through in Law book showroom (Since cost was above 5000 decided to postpone purchase) preface stated Civil Procedure code is amended to large extent (10 pages) in 2016 and this will result in far reaching impact on the way civil court procedure are conducted hence forth.
R.K Nanda
(Expert) 11 February 2017
discretion is entirely on court.
