Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SAM SHINE   29 June 2022

Property case

Business : Learned Counsel For The Plaintiff And Defendant No.2, 3 And 12 Are Present. Learned Counsel For The Defendant No.12 Files IA Under Order 8 Rule 1 Of CPC Seeking Extension Of Time To File Written Statement. Perusal Of The Application Shows That The Learned Counsel For The Defendant No.12 Has Filed Memo Of Facts Stating That As The Documents And Information For The Purpose Of Preparing The Written Statement Is Yet To Be Obtained From The Defendant No.12, One Month Time May Be Given To The Defendant No.12 To File Her Written Statement. Perusal Of The Order Sheet Shows That Statutory Period Of 90 Days From The Date Of Service Of Summons As Against Defendant No.12 Has Elapsed On 16.06.2022. Order Sheet Further Reveals That Defendant No.12 Appeared Before The Court On 16.03.2022 And The RPAD Was Served Upon Defendant No.12 Prior To 16.03.2022. Hence It Is Clear That The Statutory Period Of 90 Has Elapsed Prior To 16.06.2022. Since, The Proviso To Order 8 Rule 1 Of CPC Makes It Clear That This Court Cannot Extend The Time To File Written Statement Beyond The Period Of 90 Days Commencing From The Date Of Service Of Suit Summons On Defendant No.12. Hence, The Following ORDER IA Under Order 8 Rule 1 Of CPC Dated 28.06.2022 Filed By Defendant No.12 Is Hereby Rejected. Consequently The Written Statement Of Defendant No.12 Is Taken As Not Filed. For Filing Amended Plaint. Call On 21.07.2022

1) Dyamanna

2) Mallikarjuna

3) Netra

4) Manjunatha

5) Ratnamma

6) Gowramma

7) Parashurama

8) Lalithamma

9) Sharada

10) Maruthi

11) Drakshayanamma

12) Parvathi


 1 Replies

P. Venu (Advocate)     30 June 2022

What is your query?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query