Sec. to condone delay in filing Written Statement (amended CPC).

Adv.Shine Thomas (Querist) 18 September 2008 This query is : Resolved
Please say the section to condone delay in filing Written Statement in Amended CPC.Urgent.

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G. ARAVINTHAN (Expert) 18 September 2008
more details needed.

Normally no condonation for filing Written statement.

When the defendant has already been set exparte, then he must file a petition to set aside the exparte order along with the written statement. In that case only, if there is a delay means they can file a petition to condone the delay

arunprakaash.m. (Expert) 18 September 2008
condonation of delay is a spcies of law of limitation.

Aniruddha.P.Pawse (Expert) 18 September 2008
depends on court's discretion

Murali Krishna (Expert) 18 September 2008
Pl refer to Salem Bar Association case. In this case, Supreme Court held that the time limit prescribed under amended CPC is not a mandatory one but a procedural one and can be condoned by the court if cogent reasons are shown.

I am sure this judgement will solve your problem.

J K Agrawal (Expert) 22 September 2008
Order 8 rule 1 of CPC

SANJAY DIXIT (Expert) 22 September 2008
No need for application for condonation of delay in filing WS.
Still want to give application; use S.151 C.P.C. as weapon.