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Manoj kumar sahu (student)     27 February 2013

O 6 r 17 and written submission

Hello friends and seniors,

I have a querry with respect to O 6 R 17 and filling of WS

Consider a case where in a fresh suit filed by plaintiff he has filed application for Ex-parte ad interim injunction and same is very urgent in nature considering the nature of the suit. Now notice on both plaint and interim application has been sent to the defendant. If on the very next date defendant comes at court and point some defect in the suit (very technical not material) further court is also not inclined to give relief to plaintiff without filling WS by defendant. plaintiff undertake to file amendment application and amended plaint and matter fixed for the on next date after a month for same purpose. Now on the next date he files amendement application along with amended plaint. Now thereafter plaintiff feels that there again was some mistake in the last amended plaint and he again want to file an amended plaint in the next date of hearing.

All i want to know if the dates for filling amended plaint are keep extending although the (where amendment is technical not material) whether rights of defendants for filling WS would also be keep extenting beyond 30 days from date of service without any reason on the ground that plaint is not complete

Whether there is any time limits prescribed for disposing Interim Application where prayer where its nature is very urgent

Please help me with supported case laws and rulings

 



Learning

 3 Replies

Daksh (Student)     27 February 2013

Mr.Manoj Kumar Sahu,

The limitation period will start once the process is being issued by the Hon'ble Court and unless there is specific direction afresh the defendant/s have to file its/their respective replies.   As a matter of fact any subsequent amendment in the pleadings also calls for appropriate time limit by Hon'ble Court for filing reply to the same.  Evidently it is not clear that the process for the amended pleadings has not been issued as yet by the court as such previous order/process stands and in fitness of things the reply needs to be filed as such.  

Hope this clarifies

Daksh

Pradeep Bharathipura (Advocate)     27 February 2013

As per amended CPC defendent has to  file the Written Statement with in 30 days from the receipt of the summons. However court can extended the time upto 90 days and not more then that......... limitation starts from the date of receipt of the summons not from any other date.

surjit singh (Assistant)     04 March 2013

Court has inherent power under 151 cpc so the court can accept the ws even after 90 days provided upon suffiicient reasonable groound is made.


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