Can a written statement be accepted after 74 days if no application was filed before the 30 days period to seek extension of time to file and no application was filed to seek condonation of delay?
Vibhav 12 April 2025
Can a written statement be accepted after 74 days if no application was filed before the 30 days period to seek extension of time to file and no application was filed to seek condonation of delay?
P. Venu (Advocate) 12 April 2025
The court can accept at its discretion. However, the plaintiff can file objection, if so advised.
R.K Nanda (Advocate) 12 April 2025
Yes, WS can be accepted but discretion is with the court.
Advocate Bhartesh goyal (advocate) 12 April 2025
Yes, Court can genrally accept written statement upto 90 days from service of summon to defendant without any formal request.
Vibhav 12 April 2025
Thank you all for your answers.
...But some judgements say that the Defendant has to file an application for condonation of delay and cannot just blindly file a WS as if the 90 days period is taken for granted. Some reason has to be given otherwise what is the point in having the 30 days deadline?
T. Kalaiselvan, Advocate (Advocate) 12 April 2025
Under Order VIII Rule 1 of the Code of Civil Procedure (CPC), the defendant has 30 days from the date of service of summons to file a written statement.
In a civil suit, the defendant must file a written statement within 30 days from the date of service of summons, which can be extended by the court to a maximum of 120 days. This extension requires court approval and recording of reasons
While the court has the power to extend the time for filing the written statement, it is not obligated to do so and can only grant an extension within the 120-day limit.