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Adv.Shine Thomas (Advocate)     18 September 2008

Condone delay in Written Statement

Please say the section to condone delay in filing written statement in amended CPC.Urgent.


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 8 Replies

N.K.Assumi (Advocate)     18 September 2008

If you could not act in time as specified by the court, you can pray for enlargement of time under section 148 of the CPC.

Shree. ( Advocate.)     18 September 2008

Dear Shine Thomas,


  As Rightly said by Assumi Sir, Pls go through below for further reference and it may be helpful to you.


Written Statement — Extension of time for filing — Computation of limitation — After amendment to Order 8, CPC w.e.f. 1.7.2002, defendant granted 30 days’ time to present written statement — Period to be reckoned from date of service of summons — Proviso to Order 8, CPC permits extension of time when Court satisfied about existence of reasons to be recorded in writing — Written statement filed after 142 days — By cryptic order written statement permitted to be filed and taken on record subject to payment of costs of Rs. 2,000/- — High Court upheld order of Trial Court and summarily dismissed writ petition on ground that discretionary power exercised — Neither Trial Court nor High Court indicated any reason to justify acceptance of written statement after expiry of time fixed, orders of both Trial Court and High Court set aside — Civil Procedure Code, 1908 — Order 8 Rule 1 Proviso (as amended w.e.f. 1.7.2002).

Adv.Shine Thomas (Advocate)     18 September 2008

Thank you very much, Sirs.

Ravi Arora (Advocate)     18 September 2008

very right sir, in support of that plz see


ARC :- 2005 SC at page 861,


CCC:- 2007 SC at page 201.


 

prof s c pratihar ( urologist &legal studies)     18 September 2008

enlargement of time:section148----section 148 provides that where any period is fixed or granted by the court for doing of any act,the court has power to enlarge the said period even if the original period fixed has expired.the section has no applicationwhen the time has not  been fixed orgranted by the court or a particular act has not been prescribed or allowed by the Code.the power conferred by the Code is discreationary.the court may-use it for the ends of justice.it can not be claimed by party as of right.before exersing the power,the  court may take into account all the facts and circumstances including the conduct of the applicant.(johri singh vs sukh pal singhAIR  1989 sc2073

Jayesh Bheda (Advocate)     02 October 2008

I believe your question is about filing of written statement after the right of filing of the same is struct off, am I correct?


 

umeshtyagi (advocate)     22 August 2011

only in exceptional crcumstances court can condene the delay after elapsed of 90 days. their is no such provision to condene the delay...please see

1. AIR 2003 KARNATAKA 426

2. AIR 2005 ALLAHABAD 12

3. SUNDER LAL VS. RANVIR RANA: 2005 (1) ARC 174

Note:- please do not ever rely upon the kailash nanku(2005) 4 SCC 480, AS THE  SAME HAS BEEN OVER RULED BY HON'BLE SUPREME COURT IN (2009) 3 SCC 513,(MOHD. YUSUF VS. FAIJ MOHAMMAD

Ketan (Student)     06 January 2014

What is the remedy available when a party filed a Written Statement after expiration of 30 days with reasonable justifications and the court rejected the WS and affidavit filed in support for such delay?


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