limitation of filing written statement

Yes, Dr. Pratihar, as per Sathyapal Vs Yasmin Banu (2004) 16 ILD 531: But in my State the provisions are ignored.

Tha Law is very claer on this score that even section 148 of the CPC, also can not overrides this provisions.

thanks,from the reply i couldgather .the provision is not mendatory. Justice Desai most likely made some classical discussion on this point.

Dear Profesor,

it is not mendatory but directory, so the written statement can be filed after the statutory period. SC court has clarified in sevaral occasions. In salam Bar association case it has been clarified.

Dear profesor,  Actually this was strongly objected to by the members of the Bar when the matter was considered by the Malimath Committee which include Jurist like Madhav Menon. The intention of the Committe was noble, but in reality in the context of India legal scenario it is virtually impossible to give a meaning to the provisions and despite the Apex Court rulings this provisions is ignored. Imagine in the context of my State: If Notice under section 80 CPC is issued to the State Givernment the Chief Minister or the Highest Authority take it that it is a chalenge to them or the Government. If summon is issued the person summon will tell me dont send me such letter as I dont want to see such letter etc, etc, and inmany cases the summon is just torn away. In Calcutta, Delhi etc you may never have faced such situations, but here we are not fighting the case but fighting the systems. So with deep respect to my prof.Madhav Menon and his collegue, I would say that it is applied in spirit only.

i agree with Mr. Ramdas, there are so many SC judgements which says that provision is only directory and not mendatory.