Time to file a reply in civil suit

Ws in civil case is within 30 days from date of service of summons.

Warm Regards,

Nitish Banka

9891549997

File your written statemen right now. The limitation period is 30 days which can be extended upto 90 days. Condoning the delay beyond 90 days is also permissible provided you show cogent reasons only.

If the counter claim is the only reason why you havent filed the written statement right now, then dont worry. You can file the counter claim at any stage of the suit , even after filing the WS. The counter claim can be fileds at any stage.

Go through the following judgements:

a) AIR 1987 SC 1395

b) (2016) 3 PLR SC 527

c)Vijay Prakah Jerath vs Tej Prakash Jerath : Civil Appeal no 2308-2309/2015 ( I dont know the bench sorry)

Augustine Chatterjee
Advocate & Solicitor at Law
9999931153

Thanks Sir,

That I can file counter claim any time is soothing fact.

Please sir check this that I have not recieved summons of notice yet from plaintiff. But I got the plaint paper from somewhere which my advocate used in my bail application in the crimianl case against me by the plaintiff.

The point still is should I wait for service of notice though he filed the case in September 2014 to me or take suo motto action to file a reply.

Sir please clarify this point and oblige

Unless you have been served through the process server or through any other authorised court procedure, there is no need to file a WS. Mere pendency of the civil case does not mean that there is any obligation upon you to file a WS. Wait for the service of the summons.

 

Thanks sir. Appreciate your prompt reply.

Point of confusion to me is that as my advocate have shown (filed ) the plaint copy in my bail application, few people say that as you have got knowledge of the civil suit and it is assumed that you were implicitely served a notice of summon thru the process. However few say iterate your point that unless formally served by the court, it is not regarded  served by merely you getting aware of the case and you can wait till the service of notice.

Sir I am in great confusion, Please check it and let me know. i shall be highly obliged.

 

P.S. Plaint copy my advocate got from some other source.

First I have difference of opinion as compared to my friends above

1) When Civil Suit is filled by anyone and if you come to know then it is better in your interest to move and appear in Hon. Court. directly , don't wait for summons etc.

One Judge was also surprised over my move in one matter where I appeared suo-moto , but it is proper and reason, is opp. side are not straight or their advocate , they some time manage Baliff , some time serve notice via registered post and give money to post man and put remark not claimed, after this they ask Hon. Court to pronouce Summons served and to proceed Ex-Partee so this kind of tricks I am aware for decades .

Do papere publication in News paper also is method and this news paper you will never ever read in life or not heard, because it is one of the worst newspaper of the town. 

So Opp. side don't indulge in such kind of tricks this is in your interest. and don't allow them to succeed in it too. 

2) Second Civil Procedure Code was amedemed in Jan. via other Act

Present situation is within 30 days of date of service of summons you have to submit Written Statement .

If within 30 days you don't submit then time can be extended upto 120 days subject to payment of Cost 

After 120 days your right to file written statement is  forfeit 

If you are not able to file written statement in 120 days and your rights are forefeit then neither you can give any evidence in your suppport nothing and Plaintiff can submit Affidavit in absence of written statement and eventually Judgement Pronouced in his favour.

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Please don't remain in days of Civil Procedure Code before 2002 amedment and 2016 amedment. It is very dangerous. 

 

 

 

 

if that person takes certified copy of the bail application from criminal court and submit to civil court then there can be problem , he will press summons served on him and he is aware of it 

Which provision has capped the upper limit to 129 days ? Prior to the amendment of 2002 there was no cap. After the amendment the time was fixed to be 30 days which could be extended to 90 days at max . But as held in a plethora of judgements such as kailash vs nanhku of the Delhi High Court as well as Prithvi Singh vs Azadpur agriculture produce market Cm (main no ) 786/14 DHC , the said period is directory and not mandatory and hence delay beyond 90 days can also be condoned . As far as knowledge of institution of the civil case is concerned , the same shall in no way mean that there is implied service of the summon. There could also be contingencies where the issue of maintainibility is still pending or the plaintiff has been given time to comply to deficient court fees . The time period to file the WS starts only after the summons have been served and hence the question of having to do it earlier does not arise . If you want to avoid cheap tricks on behalf of the other lawyer, have some one watch the matter without participating directly so that you can come to know if the other side has been directed to serve you through publication or affixatiion .

@ Augustine

Kindly purchase latest edition of Civil Procedure code 1908 

After going through latest amedment I feel many changes have taken place in 2016

I will wait for comments from Augustine  after he sees latest 2016 amedment of civil Procedure code 1908 .

 

After reading latest Proffessional Bare Act of CPC , I have some doubts regarding case management hearing etc. Since this is new concept 

Thanks experts for your valuable discussion.

The point however remains to be concluded ?