Reply Time of Interlocutory Applications
Kumar Krishan Agarwal Advocate
(Querist) 04 March 2010
This query is : Resolved
Dear Ld Friend,
1. If I am Plaintiff counsel files two Interlocutory applications(I.A) before court of law and was successfully served to the adverse party then in how much time impliedly or automatically the adverse party will have to reply about I.A application and after that it barred under the Limitation Act or under CPC. My I.A are pending from last one year in court suit file and pending for first hearing.
2. Although the court doesn't specify specific direction/order to reply file about I.A applications to other side. OR The time period will start or count from that date when the court grant explicit order to file reply about interlocutory applications if any to the adverse party.
Like W.S is filed with in 90 days from the date of service summoned.
Parveen Kr. Aggarwal
(Expert) 04 March 2010
No time limit is prescribed either under the Code of Civil Procedure, 1908 or under the Limitation Act, 1963 for filing reply of Interlocutory Applications. The court has inherent powers to grant time for filing reply. However, you may take the benefit of the amended section 148 of the Code of Civil Procedure, 1908 as amended vide Act No. 46 of 1999 (w.e.f. 01.07.2002). The amended section is reproduced below:
"Where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period NOT EXCEEDING THIRTY DAYS IN TOTAL, even though the period originally fixed or granted may have expired."
You may submit to the Court that it had no jurisdiction to extend the time period beyond 30 days for filing reply by the opposite party.
Raj Kumar Makkad
(Expert) 05 March 2010
It is prescribed only 30 days for the disposal of such application whereas one year has elapsed and even no reply has been submitted by the respondent. It is unfortunate that compliance of law is not going on in your case. Persuade the court or take this matter to High Court.
