under order 8 rule 1 of C.P.C
Neeraj Kaushal
(Querist) 01 June 2010
This query is : Resolved
written statement can be filed after 90 days , if there is law than kindly send me the citations,
Arvind Singh Chauhan
(Expert) 02 June 2010
W.S.- 90 days prescribed by law is not mandatory but directory. May be allowed by way of exception, cost imposed. C.L.J.2005 Vol-5-S.C.-369.
As amended in 2002 provision does’nt take away the power of court to accept W.S. after expiry of 90 days from the service of summon. Provision is procedural not a part of substantive law. A.L.R.2005-Vol-61-S.C.-132. object of order is to advance cause of justice. S.C.D.2005-Vol-2-S.C.-963.