Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Can defendant be debarred from filing written statement?

(Querist) 17 May 2014 This query is : Resolved 
Dear Expert / friend,

1. I am Plaintiff, my advocate filed a Civil Suit for declaration & permanent injunction etc. but did not pay proper court fee.

2. Defendants lawyer filed application under Order VII Rule 11 CPC for rejection of the Plaint.

3. My lawyer filed application for permission to deposit the proper court fee, which has been allowed for paying the proper court fee but it took a lot of time for various reasons,
however I have paid proper court fee.

4. Since the Defendant did not file Written Statement,

5. Can I file an application against the defendant that since he has not filed Written Statement for about a period of TWO YEARS.

6. Can defendant be debarred by court from filing Written Statement ?

7. Under what section/order/rule of CPC such application can be filed?

Thanks for reply in advance.
Devajyoti Barman (Expert) 17 May 2014
After the amendment of CPC the filing of WS within 90 days from the date of appearance or service of summons has become directory.

However if someone files beyond that period of time , it is permissible provided he offers proper explanation of delay.

So it is upon the judicial discretion of the court to accept the WS or not as the court is now bound to fix the suit on ex parte board.
Dr J C Vashista (Expert) 18 May 2014
Professional and academic query posted by an advocate by impersonation.
Read Order VIII CPC and proceed
malipeddi jaggarao (Expert) 18 May 2014
Agreed with experts Mr.Barman and also Dr.Vashista.
Rajendra K Goyal (Expert) 18 May 2014
Agree with the expert Devajyoti Barman ji.
Sankaranarayanan (Expert) 18 May 2014
I do agree with expert Mr Barman and Dr Vashista
T. Kalaiselvan, Advocate (Expert) 18 May 2014
Please see that if the delay was due to the time taken by the plaintiff to make good the deficit court fee, in that case, the defendant can put forth his reason accordingly for the delay in filing the written statement.

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