Implication of non filing of written statement in 90days
lalit
(Querist) 18 February 2012
This query is : Resolved
a defendant has not filed his written statement for over 158days.
the learned court decided to hear the matter ex-parte.
the defendant's lawyer appeared on the date fixed for ex-parte hearing and claimed that he had lost his diary hence he could not keep tracks of the dates.
the court decided to grant him another 30 days to file w/s and asked him to pay a cost of Rs.500/-at court.
can a court grant such extension for filing w/s.
what shall be the petitioners action?
R.Ranganathan
(Expert) 18 February 2012
The courts discretionary powers allow this kind of extension of time. Further it is better for the Plaintiff not to drag on in this issue, since the Defendant will then file CRP or file a Petition to set aside the ex parte decree after the decree is passed. All these unnecessary delays can be avoided.
ajay sethi
(Expert) 18 February 2012
it is in the petitioner interest to accept the court order with grace . you have been awarded cots . if exparte decree was passed defendant would have taken out notice of motion for setting aside exparte decree .
it would have further delayed proceedings in your case . never go on technicalities . always adopt a practical approach
Murali Krishna
(Expert) 18 February 2012
This limitation has been introduced after 1999, 2002 amendments to CPC. Filing of written statement within 90 days is procedural aspect. Court can condone delay in filing written statement. This has been clarified by Supreme Court in Salem bar association case.
Sankaranarayanan
(Expert) 18 February 2012
I agreed with all experts opinion. As mr krishna said well about limitation on cpc ammended during 2002
Adv.R.P.Chugh
(Expert) 22 February 2012
The Provision (Ord. 8 R 1 and O 5 R 1 CPC) provide for a maximum outer limit of 90 days....however the same is not mandatory and is directory - in exceptional cases court can extend for recorded reasons in exercise of its power u/o 8 R 10 - which allow the court to pass such other orders as it deems fit on non filing.
