Whether Application can be filed under ORDER VIII RULE 9 OF CPC

yogesh (Querist) 20 September 2010 This query is : Resolved
Dear Experts,
I have filed the civil petition before the Hon'ble ADJ in the month of May 2010 which has issued the notice to the respondents by paying PF/RC through the process server and the next date of hearing was fixed in the last week of the sept 2010 where the respondent has been summoned to appear before the court
As per CPC Amendment Rule 2002 , Order VIII of the CPC has been ammended which has ststed that the repondent has to file the W.S(Written Statement) within 30 days and in no case it should be extend more than 90 days from the date of received of the summon

My Query is since more than 120 days have already been passed and defendant has to make the appearance on the due date Whether I can file separate application under Order VIII Rule 9 of the CPC to pass an order as an ex-parte so that same may be listed on the date of hearing as the defendant has not file or failed to file the W.S on the due date?

2 Whether court can go against the provisons of the CPC by extending it more time to file the W.S?

Regards

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DEFENSE ADVOCATE.-firmaction@g (Expert) 20 September 2010
After showing reason the court may at the most award costs to you and WS will be accepted.

Surrender K Singal (Expert) 20 September 2010
Experienced Mr. Shashikumar has said what generally happens in practice;
However, your application would surely put the respondent under pressure and avoid further delaying tactics as also compensate for your extra appearances!
Wish U all the Best !

R.Ranganathan (Expert) 20 September 2010
Yes. As Mr. Shashikumar stated the court will allow the WS with a condone delay petition. But anyway it is your bounden duty to mention the matter in the court and ask for an exparte order. If the court asks for the petition, otherwise no need. It is a mandatory provision though the courts don't bother about this fact.

Uma parameswaran (Expert) 20 September 2010
I am also supporting the above views.

Rasik Dagli (Expert) 21 September 2010
You have not stated whether the defendant has given any application for time to file WS or not.. If no such application is given and Hon. has not granted time , you can make an application for Ex-parte Order.
RASIK DAGLI
Advocate.

Chanchal Nag Chowdhury (Expert) 21 September 2010
That time-limit has been struck down by the SC.

masood ausaf (Expert) 25 September 2010
THE TIME FOR FILLING THE W/S STARTS FROM THE DATE WHEN THE DEFENDNAT IS SERVED OR MADE FIRST APPEARANCE IN THE COURT. THE TIME FOR SUBMISSION OF W/S IS ALWAYS EXTENDED BY THE COURTS ON THE REASONABLE GROUNDS. THE HIGHER COURTS HAS IN VARIOUS JUDGEMENTS HELD THAT THE PARTIES CAN NOT BE KNOCKED DOWN ON THE BASIS OF TECHENICALITES. WHILE GRANTING FURTHER PERIOD FOR FILLING W/S THE COURTS CAN ALSO IMPOSE COSTS.