Veerendra 15 September 2023

Can a ws be allowed after three and a half years ?

Greetings dear all eminent lawyers,

Here is my case history in brief:-

I filed a case in cooperative court against overbilling on 30^th December 2019. The opposite party was not attending any hearings .

They started attending the hearings after receiving an ex parte hearing notice.

However , the opposite party did not file any written statement nor did they appoint any lawyer.

On 16 December 21 they gave an undertaking to the court that their lawyer will present the vakalatnama on the next hearing. But he never did appear.

Finally on the honorable judge passed the NO WS order on 10 August 2022.

Now the opposite party appointed a lawyer on 4^th Feb2023 and have asked to file WS.

My lawyer has opposed it. The arguments for the same are over & honorable judge will pass an order on our next date which is on mid of October 2023.

Now my queries to the esteemed forum.

1 - Can the honorable judge allow a WS after three and a half years?

2- In case if the honorable judge allows the opposite party to file WS what are the costs we can ask for ?

How do we calculate the costs ? Who decides the costs ? Do I ask for the costs or the honorable judge decides it ?

3 -These costs well be given to us by the opposite party or deposited in the court?

4 – In case is the honorable judge allows WS where do we go in appeal: The appellate co operative court or the high court

Hope to see a lot of responses and many thanks an advance for the same

Regards,

Dr. Veerendra Darakh

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1 Replies

anjali tamrkar 05 January 2024

1.Can the honorable judge allow a WS after three and a half years?
As per the Order 8 rule 1 of Code of civil procedure the duration for filing of written statement is 30 days from the date of service of the summon to present his defences .
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.]
So the court shall not entertain the written statement after three and half years until and unless the service of summon does not taken place.
2.In a case if the honorable judge allows the opposite party to file WS what are the costs we can ask for ?
If the honourable judge allows the opposite party to file a written statement even beyond the lapse of reasonable opportunity and time , and if the court thinks fit shall impose a cost for non complinace of the orders of courts and delay in the court proceedings .The amount of cost shall be decided by the court itself and it’s completely on the discretion of court.
3.These costs well be given to us by the opposite party or deposited in the court?
The courts shall decide the cost paid by the Opposite party for non compliance of the previous orders of the court and not filing any documents within the specified time period .Also the Curt may direct the opposite party to submit the cost(whatever the court thinks fit) directly to the court.
4.In case is the honorable judge allows WS where do we go in appeal: The appellate co operative court or the high court?
The appeal shall be filed in the appellate co operative court .