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tejinder sethi   21 July 2025

Written statement

Partition suit filed in civil court. Summons served end of January 2025. More than 120 days passed but written statement stilll not filled by defendant. Next hearing on 25th July. Can an objection be raised as the defendant may submit on next hearing. 

Please advise 



Quick Summary
In a partition suit, the defendant has failed to file a written statement within the 120-day limit after being served summons. The law, under Order VIII Rule 1 of the CPC, generally sets a strict 120-day maximum for filing a written statement, with limited exceptions for extension. You can and should raise an objection on the next hearing date to prevent the defendant from filing their statement late, especially if no valid reason for the delay is provided.

 6 Replies

P. Venu (Advocate)     21 July 2025

Yes, you can. 

Advocate Bhartesh goyal (advocate)     21 July 2025

Under order 8 rule 1 CPC defendant has tofole W.S within 30 days from receipt of summons and further court can grant extention upto 90 days thereafter court has rpower to forfeit defendants right to file W.S so rais objection strongly.

R.K Nanda (Advocate)     21 July 2025

If defendant file ws on 25.7.25 it's OK but. If he doesn't file then you can raise objection that further time can only be granted to defendant on the imposition of heavy cost on defendant. By court. 

tejinder sethi   21 July 2025

Even if the WS may be filed but it will be almost 175 days by 25th July since the summons were served. So taking objection is necessary. Let the court decide whether to condone or not accept the WS which of course would depend on the reasons provided for delay.

Order VIII Rule 1 of the  (CPC): mandates that a defendant must file a written statement within 30 days of receiving the summons, which can be extended up to a maximum of 120 days. 

 

T. Kalaiselvan, Advocate (Advocate)     22 July 2025

 written statement in a civil suit cannot be filed on the date of the next hearing if it is beyond the permissible 120 days from the date of service of summons. The 120-day limit is considered the outer limit for filing a written statement, and the court typically cannot extend this period. If the written statement is not filed within the 120-day period, the defendant forfeits the right to file it, and the court is not allowed to take it on record. While the 120-day limit is considered mandatory in commercial suits, it may be treated as directory in non-commercial suits, allowing courts some discretion to condone the delay if sufficient cause is shown. In exceptional cases, courts may allow a written statement to be filed beyond 120 days if the defendant provides a satisfactory explanation for the delay and shows that the delay was due to circumstances beyond their control.  But that will not prevent you from filing an objection to this.

tejinder sethi   22 July 2025

Thanks sir 


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