limitation act
Querist :
Anonymous
(Querist) 14 January 2011
This query is : Resolved
what is the limitation for filling written statement in a recovery suit,& what is the remedy for time barred,thanx.
Arvind Singh Chauhan
(Expert) 14 January 2011
90 days, application for condonation of delay may be filed if there is sufficient reason.
Advocate Bhartesh goyal
(Expert) 14 January 2011
Limitation to file written statement is 30 days from the receipt of summons from the court but it can be extended upto 90 days if defendant shows sufficient cause to court.
Guest
(Expert) 14 January 2011
THIRTY DAYS AND FURTHER WITH PERMISSION OF COURT AND FURTHER SIXTY DAYS UP TO TOTAL NINTY DAYS. IN CASE OF ANY FURTHER DELAY FILE A DELAY CONDONATION APPLICATION TO THE COURT MENTIONING ALL FACTS AND CAUSE.COURT MAY CONSIDER BY IMPOSING COST OR MAY REJECT THE SAME .IN CASE OF REJECTION ONE CAN APPROACH APPELLATE COURT.GOOD LUCK.
Gulshan Tanwar
(Expert) 14 January 2011
30 days and the Court can extend it by 60 days and in no case it should be beyond 90 days with the permission of the Court.
If the case is of Property or Rent matters, Courts take lenient view and even extends it for more than 90 days.
Parveen Kr. Aggarwal
(Expert) 14 January 2011
Order 8, Rule 1 of the Code of Civil Procedure, 1908:
"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."
Devajyoti Barman
(Expert) 14 January 2011
Yes but this Rule is only directory and the court is cmpetent to accept ws een after the prescribed time if the defandant explans the delay.
If the claim in the suit is time barred which is very much apparent from the face of the record then the defendant can file petition under order 7 rule 11 of cpc for rejection of plaint even before filing the ws.
G. ARAVINTHAN
(Expert) 15 January 2011
90 days from the date of issuance of summons as per the CPC Amendment Act 2002
B K Raghavendra Rao
(Expert) 16 January 2011
Whatever is said and done as above, the courts are granting time beyond 90 days for filing written statements as the apex court has held that the provision of 90 days is only a directory in nature and not mandatory. If there is a good ground, written statement could be filed beyond 90 days.
