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Sunita (Manager)     07 September 2012

Provisions for written statement to be submitted in 30 days

Respected lawyers,

Could you please let me know as to which regulations put down time lines for the respondent to provide the written statement in 30 or 90 days from the date of submission of the petition

Thanks in advance

 



Learning

 3 Replies

MRRpersonality (Knows very little about Indian laws)     07 September 2012

Code of Civil Procedure Order 8 Rule 1 :  Not from the date of submission of the petition.  It is from the date of summons or notice.  However it is not mandatory but directional if the party show reasonable cause for the delay the delay can be condoned.  Even the later than 90 days can be condoned, as per the SC.

 

 

[1. Written statement.

The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence.

 

Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.]

Advocate Bhartesh goyal (advocate)     07 September 2012

Yes rightly opined by Mr.MRRpersonality.It is O 8 R 1 of C.P.C which bounds defendent to submit the W.S in time limit.


(Guest)

Time period for Submit the WS in court is 30 days. But if sufficienr ground poved in court fot not submit the WS within 30 days than court may extend time of next 30 days till total 90 days if ground is sufficient.

Othewise court has power to pass to close the opportunity and passed exparty order.


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