suit for decleartion of land
pushpakrishna
(Querist) 08 February 2017
This query is : Resolved
dear experts
i filed a suit for decleartion and injunction of my land on 27.06.2016 and the defenfendat appointed an advocate and till date the defendant not filing counter and ws till date .90days over and the defendant counsel going on filing the adjournment petitions and the judge also considering/giving dates despite opposing my counsel.i am not able to understand why this happning.my counsel also feeling why the court giving opprtunity for the defendant.
kindly give me a suitable advice on this.
thanq in advance experts.
pushpakrishna
(Querist) 08 February 2017
dear experts
kindly give the suitable advice on the above
Guest
(Expert) 09 February 2017
Let him take more time :D
Regarding 2016 CPC amendment there is some confusion but book authored by Retired Judges claim 120 days is for filling of written statement from the time summons reached defendant , After 120 days rights to file WS is forefit .
But regarding this amendment there is lot confusion because some publishers have published book in this fashion and other in different , but still I believe in book which is forwarded by Supreme Court Judge and written by High Court Judges (Sorry while typing I forgot the name of the book)
So if he is taking time let him take more time and then take objection when he files his WS , If WS is allowed then appeal against that order
Rajendra K Goyal
(Expert) 11 February 2017
May proceed as advised by the expert Madhu.
Advocate Ravinder
(Expert) 14 May 2017
Order VIII R.1 reads as follows:
The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:
Provided that where the defendant fails to file the written statement within the said period of thirty day, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.
Hence, if the court is not insisting the defendant to file ws, you may file CMA/CRP before the Appellate Court.
Regarding Madhu view, I have no idea. In my view Authoring Book is different and Act is different. Any suggestion by the Author should become Act to enforce law.
