Time limit in civil cases.
VENKATA RAMANA MURTY INGUVA
(Querist) 16 December 2016
This query is : Resolved
Respected Adocatees,
We filed a case in district court against illegal recovery by Railways.
After sending various intimations by court to submit the reply there is no response from them and nor submitting the reply.
The point to clarify is- what is the time limit or time bar for filing the reply by opponent and how many times court will grant extension. Is there any Judgement on this in regards to civil cases, where court will not entertain any reply or excuse of the opponent and finalise ex-party. REGARDS- I V R MURTY
Rajendra K Goyal
(Expert) 16 December 2016
Whether other party has appeared?
If so, prey the court to proceed ex-party.
VENKATA RAMANA MURTY INGUVA
(Querist) 18 December 2016
Thank you for your reply. The party intentionally not appearing. Even after ex-party, the party will come and plead for time for submission by giving vague reply. The essence of ex-party lost. Hence, I wanted to know, as per civil law is there any time bar for reply field by opposite party even after giving various extensions.
Rajendra K Goyal
(Expert) 18 December 2016
Court may not allow chance again and again. Let court move ex-party.
Advocate. Arunagiri
(Expert) 18 December 2016
The Defendant ought to file the written statement within the time limit
If Written Statement is to be filed after 30 days from the date of service of summons. Court can extend the time for filing written statement upto a maximum of 60 days and for granting extension of time for filing written statement the Court has to record the reasons in writing for extending the time to file written Statement. The Court must record the precise reasons for its permitting the defendant to do so beyond the statutory period of 30 days.
So, if the Defendant is not filing the written statement even after 90 days, the court ought to set exparte. If the Defendant files a petition to set aside the exparte order, he has to file written statement also.
As rightly pointed out by Mr.Goyal, Court will not give another chance to set aside the exparte order.
Even for the first order to setaside the exparte order the civil court will impose penalty.
VENKATA RAMANA MURTY INGUVA
(Querist) 18 December 2016
I thank you very much for your informative reply.
Sir, is there any Supreme Court / High court judgement available.If available can you provide me citation of the case.
Regards
