Non - compliance of court order
Mahesh Chand Gupta
(Querist) 26 November 2013
This query is : Resolved
I filed a case for restoration of name of a private limited defunct company in Delhi High Court. After summoning, opposite party was present in the court stating that they have not received copy of plaint. Court ordered to supply copy of plaint to the opposite parties within one week and further ordered to opposite party to submit reply within three weeks. Next date of hearing is 16th January, 2014, the opposite party is not submitting reply to the plaint. What should I do?
Advocate M.Bhadra
(Expert) 26 November 2013
File an application u/sec.151 for fixed a date for last chance to file a Written Statement.
whether the Court can permit filing of written statement beyond the period of 90 days stipulated under Order 8, Rule 1 of the Civil Procedure Code. The reference arises in following manner.
One judgment follows:----
Bombay High Court
Chintaman Sukhdeo Kaklij And Ors. vs Shivaji Bhausaheb Gadhe And Ors. on 12 August, 2004
Equivalent citations: 2004 (5) BomCR 573, 2004 (4) MhLj 739
Author: A Shah
Bench: A Shah, S Kamdar
JUDGMENT
A.P. Shah, J.
"In view of the foregoing discussion we hold that Rules 9 and 10 of Order 8 of Civil Procedure Code give discretion to the trial Court to allow the defendant to file written statement even after the expiry of a period of 90 days as contemplated by Order 8, Rule 1. We hasten to add that this does not mean that the order of extending time to file written statement can be granted casually, and unmindful of provisions that extension would not exceed 90 days. The provisions of Order 8, Rule 1 always be kept in mind while passing order extending time for filing written statement to the suit and ordinarily such extension shall not be granted except in exceptional and special circumstances."
Rajendra K Goyal
(Expert) 27 November 2013
Wait till next hearing date, if not submitted prey the court for fixed a date for last chance to file a Written Statement.
Devajyoti Barman
(Expert) 27 November 2013
Nothing , bring this to the notice of the court when it would be taken up for hearing. The court would consider this dilatory tactic.
T. Kalaiselvan, Advocate
(Expert) 27 November 2013
Mr. Goyal and Barman have rightly answered the query. Your case has been posted for next hearing on 16.01.2014, why dont you wait until then, the statement will not be give to you in advance, they may give a copy to you at the time of fling the statement before the court.
