appi reddy 02 April 2019

civil case

how the time is given for filing written statement ? Does it start when we file the case or when the defendants appoint advocate?
we filed the case on 19-12-2018 so far three adjournments are over , still they did not file counter but still they are given time. They are saying it seems they want to change advocate, if they change advocate another 90 day time will be given for them.
I would like to know this 90 day window time how it will be. or it will be different for different courts.
please can anybody clarify my doubt ?
thanks in advance

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6 Replies

(Guest)

Sir, the statutory time to file W.S. is 30 days.

The said time can be extended for a total of 90 days for genuine reasons.

The said limitation is uniform in all the courts.

You need not worry about filing of WS by defendant.

Mere filing of WS shall not result into disposal of the suit.

Because civil cases takes years to dispose of so nothing to hurry sir.

Regards

appi reddy 02 April 2019

Sir one thing I would like to know , one advocate filed vakalath and he spent 90 days as if he is going to file as, Now they want to change the advocate who filed vakalath.
if another advocate files vakalath again 90 days time will be given for them?

(Guest)

Actually the days provided in code us for the party not the advocate, but the thing is, there is court discretion to provide further dates if judge got convinced that the delay was reasonable.
so it depends from case to case and judge to judge.

Satyam
satyammishra181@gmail.com