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Victor (Manager)     30 May 2024

Order 8 rule 1

Order 8 Rule 1 after the amendment casts an obligation on the defendant to file the written statement within 30 days from the date of service of summons on him and within the extended time falling within 90 days.


Is this above rule can be applied in FCOP case where the respondent are delaying in filing the counter ? If not what are other remedies not to delay further in filing counter ,which is currently held up on same stage since more than one year ?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     30 May 2024

The provisions what you have stated is not applicable to the FCOP cases for filing of counter.

You may have to put pressure on court over the inordinate delay caused by respondent hence to set him exparte for non filing of counter 

P. Venu (Advocate)     02 June 2024

Even in a Civil Court, provisions of Order 8 Rule 1 are of limited application.

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