Time to file a reply in civil suit

Above scan copy is after 2016 amedment in Civil Procedure Code, this amedment also over rules all previous Judgements . 

So from my side I am sure what I posted is as per latest amedment to the best of my ability. 

 

sir here question is not the maximum period for filing WS.

Question is whether in above circumstances where my criminal lawyer has shown the plaint in my bail application, can it be implicitely regarded as "summon served" on me and plaintiff can get an exparte order in my absence  ???

The Opposite party is wealthy and very fradulent person and has grabbed few properties in Mumbai on this modus opernadi.

I think it is question of law , required to study relevant judgment if any of Supreme Court .

But I feel better appear in court suo-moto else he will get some benefit in sub-ordinate court.

 

 

What is the source of this excerpt ? Is this amendment even notified?! Kindly share the online link from where you got the said excerpt

Source is scan and forwarded from Tax Print latest Civil Procedure code 1908

Additionally same was presenet on Proffessional Publisher CPC 1908

This amedment was made via Commercial court act last section and then schedule and it ameded various section of CPC 1908

It is notified with restropective effect 23-10-2015 this is what is given in the CPC code which myself referring.

Unfortunately even Manuputra CPC 1908 APP did not update 2016 amedment of CPC and I was annoid and removed it after that from my cell 

See when you take latest print and then see as compared to previous edition of CPC you will notice lot changes.

I understood one thing in CPC there are also many technical point by which you can destroy opp. side case so you need to be very careful with CPC and Limitation act 

Maam I am sorry but what you are referring to is a provision of the cpc which shall only be applicable to a dispute falling under the commercial courts act. This shall not apply absolutely to any other dispute pending before a civil court . Only when the matter is being tried by a commercial Court shall this rule apply .

There is indeed some confusion in my mind after that amedment , and that I wanted to discuss with some one but failed , I think you will take interest.

1) That amedment which they have stated in section of commercial court act is applicable for commercial court dispute I agree , 

2) But as per that act sec 16 (1) and (2) is applicable for commercial court I agree

3) 16 (3) give some different indication

4) Additionally all publishers have ameded various provision in Code and it state relevant rule etc. is substituted etc. 

5) Now effect of this changes are also confusing whether amedment done in CPC are restricited to commercial court or to civil court etc.

6) Additionally Publisher have given impression it is applicable to civil court too

Please note due to changes in CPC I have to make technical point argument in sub-ordinate court and I need correct picture as earliest. 

I will  make separate thread for it and give link where we can discuss

By the way I am boy :P My nick name is Madhu

@ Augustine 

 I need to only read Official Gazette Print Out. 

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This is official Gazette version -- Copy and Paste

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                                                         CHAPTER VI

AMENDMENTS TO THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE, 1908

16. (1) The provisions of the Code of Civil Procedure, 1908 shall, in their application to any suit in respect of a commercial dispute of a Specified Value, stand amended in the manner as specified in the Schedule.

(2) The Commercial Division and Commercial Court shall follow the provisions of the Code of Civil Procedure, 1908, as amended by this Act, in the trial of a suit in respect of a commercial dispute of a Specified Value.

(3) Where any provision of any Rule of the jurisdictional High Court or any amendment to the Code of Civil Procedure, 1908, by the State Government is in conflict with the provisions of the Code of Civil Procedure, 1908, as amended by this Act, the provisions of the Code of Civil Procedure as amended by this Act shall prevail.

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When you read above sentences all is what you say have some weitage 

But when you analysis the Schedule the problem is bit different

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I attach the file since it is long

Amending Act generally contains direction

Insert this clause

Substitute this clause 

Delete this clause 

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 In the First Schedule to the Code,––

(A) in the Order V, in Rule 1, in sub-rule (1), for the second proviso, the following proviso shall be substituted, namely:––

“Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.”;

But when we analysis whole other schedule we understand at every point where they wanted to make specal provision they mentioned Commercial court 

Like Form of Pleading in Commercial court

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Some where the section and schedule are contradicting this I feel some time , but still when you read whole your interpretation is other thing .

Publishers have just followed the command of schedule and have done replacement in the code.

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From January honestly while reading new code I always felt there was some drafting error or complication done by amending CPC via Commercial code. 

There are many such points. 

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Kindly purchase CPC latest amedment bare act tomorrow we will have discussion on it. 

Its humble request because myself need to do some argument on some point indirectly related to amedment 

 

 

 

 

 

I attach PDF file

If analysis 16 (3) is done then you feel they have covered all civil suits 

Concentrate on 16(3) then schedule .

If any relevant Judgement is there affecting CPC it will be helpful tomorrow I will try to search 

There is strange problem myself facing , two publisher have updated CPC in differnt way. 

Who is correct bit confused.
 

Additionally whether to take for Commercial court act in hand while interpreting CPC or not this is new strange question. 

One publisher have just replaced the way straight away amending act amends act

Second publihser have amended act and at same time given reference to section of Commercial court act in bracket is given (Private note of Publisher) which is not officially part of Bare act

 

So one publisher goes with views of Augustine Chatterjee

One publisher goes with Madhu view