Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 04 December 2010

Extension of Time for filing of W.S.

O.8, R.1 of the Civil Procedure-Code, 1908- Time schedule for filing Written Statement - Purpose to expedite and not to scuttle the hearing- No embargo on the power of the Court to extend the time- Is directory- Extension of time not to be granted as a matter of routine- May be allowed by way of an exception, occasioned by reasons beyond the control of the defendant and grave injustice would be occasioned if the time was not extended- Cost may be imposed- Affidavit or documents in support of grounds may be demanded, depending on the facts and circumstances of a given case.

3 Replies

Y ARAVIND (ADVOCATE) 04 December 2010

The Court is vested with powers to enlarge time beyond fixed period on reasonable grounds. But the thing is that when for leading evidence by the parties is permitted evendat at belated stage, why not for putting pleadings.

ravisankar (advocate) 04 December 2010

Salem Bar Association case SC held time can be extended for filing w/s. w/s could be filed along with an application after 90 days by stating reasons for delay.

Sreekumar.R (advocate) 05 December 2010

W.S. can be filed in 30 days time and could be extended beyond 30 days to 90 days with the permission of court. If the party required to file w.s. fails to do so within the extended time as well then consequences under O.VIII R.10 CPC will follow.