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RAMESH KISANI (Managing Director)     28 November 2015

Written statement can be filed in a suit after 8 year?

Plaintiffs filed Civil Suit in Bombay High court for recovery of possession of Land aganist the Defendant in 2007. Copies of Plaint served upon the Defendant at the time of filing of the Suit. Since 2007, the Defendant never ever received any Writ of Summons to answer the Plaint from the High Court at Mumbai. There is no any movement or any Order by HC in the suit till date. The Defendant also never filed his Written Statement in the Sut, since he did not receive any Writ of Summons to answer the Plaint. Now, can the Defendant file the W. S. today, after 8 years, even when he did not receive any Writ of Summons from the H C? Also kindly enlighten with a few judgments of HC and SC which states that the Defendant can submit his W. S. before receiving Writ of Summons from the HC, as that could not be treated as TIME-BARRED by the Plaintiffs.  


 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 November 2015

VIII, rule 1 C.P.C.- filing of written statement – time fixed in C.P.C – is only directory not mandatory – extention of time beyond the prescribed period – can be granted on sufficient cause.

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