order-8,rule-1 c.p.c.

Querist : Anonymous (Querist) 04 August 2010 This query is : Resolved
How can closed written statement of defandant,while he couldn't file it in prescribed period 90 days ?

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Chanchal Nag Chowdhury (Expert) 04 August 2010
Yes. A written statement can be filed by a defendant beyond the prescribed period of 90 days with the leave of court upon proper cause being shown.

s.subramanian (Expert) 04 August 2010
yes.i agree with chanchal.

N.K.Assumi (Expert) 04 August 2010
In view of the pronouncement of the Supreme Court the total period can not exceeds 90 days from the date of service of summons: Dr.J.J.Merchant Shrinatrh. (2002) 6 SCC 635: Savitha vs Nagarthana (2003) 4 Kar LJ 4

niranjan (Expert) 04 August 2010
However for the ends of justice court allows ws tobe filed with cost.

Rajeev kulshreshtha (Expert) 04 August 2010
According to the supreme court judgement's the provision of O 8 R i is directory and not mandatory. Power of court to extend time for filing WS beyond time schedule period is not completely taken away.

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 August 2010
Basic reasons behind allowing the WS after ninty days also with costs or no costs is that the administration of justice is meant for imparting justice and hence the interpretation of provisions of law should not result is denial of justice.

Querist : Anonymous (Querist) 10 August 2010
thank you.

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