Time span for reply to an application

simy (Querist) 14 April 2014 This query is : Resolved
I am plaintiff. Defendant has not replied to an application by me from 3 hearings approx. 3 months. Can I ask the court to pass that application from my side as defendant is not responding?
Is there any specific time span before which any application the counter party must respond?

Thanks.

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Devajyoti Barman (Expert) 14 April 2014
There is no time limit. However to exert more pressure you can insist the court to pass ex-parte order in respect for your prayer.

simy (Querist) 15 April 2014
Thank you. The ex parte is applicable for an amendment as well? or just for first time application - plaint.

The document i am referring is an amendment to the plaint.

Devajyoti Barman (Expert) 15 April 2014
it applied to all stages and in respect of any application.

simy (Querist) 15 April 2014
Okay, thank you very much for your advise.

P. Venu (Expert) 15 April 2014
In a civil suit, the defendant is required to file the written statement within a period of 30 days. The court may allow the reply to be filed within 90 days, for reasons to be recorded in writing. (pl. see Order VIII, Rule 1, CPC)

Advocate. Arunagiri (Expert) 15 April 2014
You can request the court to give a final chance and if the counter is not filed, you can request to pass exparte orders.

Dr J C Vashista (Expert) 15 April 2014
What is your application pending disposal? Incomplete information.
The application can be decided even without waiting for filing of reply by defendant, if your lawyer insists and persuade/convince the Court.

ajay sethi (Expert) 15 April 2014
agree with experts

Rajendra K Goyal (Expert) 15 April 2014
Advised appropriately, agree to it.

Advocate Bhartesh goyal (Expert) 15 April 2014
Agree with experts.

T. Kalaiselvan, Advocate (Expert) 15 April 2014
agreed with the experts, you may insist the court to instruct the respondent to make it a last chance for his counter to your petition or else the court may pass an order as prayed for by the petitioner.

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