Rohit (ceo) 06 October 2013

Need help in civil case

Hi Friends

My Client is defendant the plaintiff had first served the summon for the civil case and after first hearing served the copy of plaint

the summons were sent only 3 days before the date

the next hearing after the service of plaint is after 60 days, does my client defendant needs to file Written statement in 30 days or on the hearing ?

thanks in advance

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 06 October 2013

There is a time limit of 90 days for filing written statement. Even after that if your client has not given proper instructions, you may seek a short adjournment for filing the same. Even after filing written statement, if you feel that have omitted to add a few things in your statement, you may pray for grant of permission to file additional written statement.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank) 07 October 2013

DEAR MR. ROHIT

WHAT MR. KALAISELVAN TOLD IS CORRECT . THERE IS A TIME LIMIT OF 90 DAYS FOR FILING THE WRITTEN STATEMENT FROM THE DATE OF THE FIRST HEARING . SINCE YOU HAVE RECEIVED THE SUMMONS BEFORE COMMENCEMENT OF THE FIRST HEARING YOU COULD HAVE ENTERED YOUR PRESENCE BY FILING YOUR VAKALAT. ALTHOUGH THERE IS ANOTHER 60 DAYS FOR THE NEXT HEARING , YOU CAN FILE YOUR VAKALAT EVEN NOW . BUT NOT IN THE COURT . YOU FILE IT UNDER SR NUMBER AND SEE TO IT THAT IT REACHES THE CONCERNED COURT AND IS PUT IN THE CASE BUNDLE OF YOURS . AS MR. KALAISELVAN TOLD YOU CAN GET ANOTHER ADJOURNMENT AFTER 90 DAYS . BUT WHY TAKE A RISK IF THE COURT SET YOU AS EXPARTE AFTER 90 DAYS FOR NOT FILING THE WRITTEN STATEMENT.THEN YOU HAVE TO FILE A PETITION FOR SETTING THE EXPARTE ORDER AND ALSO THE WRITTEN STATEMENT TOGETHER. - JOSEPH WILFRED - 07/10/2013 AT 00.02 HRS