AI Overview...
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Written Statement Filing Deadline - The general rule is that a written statement must be filed within 90 days from the date of service of summons. This period is strict and cannot be extended beyond 90 days, as upheld by multiple courts. The period is procedural, and courts are generally not expected to decide applications solely on the ground that the deadline has passed, but the limitation remains firm. Swami Sharad Puri VS Civil Judge (J. D. ), Haridwar - Uttarakhand, Jaman Singh VS Additional District Judge Rajgarh - Rajasthan, Satish Chandra VS Additional District Judge, Baran - Rajasthan, Madhav Narayan Naik VS Abida Bi - Bombay, Anant Kumar Pandey VS Md. Athar Hussain - Jharkhand, Shaikh Salim Haji Abdul Khayumsab VS Mr. Kumar - Supreme Court, Natha Singh VS Satish Kumar - Punjab and Haryana
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Extension of Time - While some provisions and cases suggest that the 90-day period is directory rather than mandatory, courts have generally held that the period cannot be extended beyond 90 days unless specific statutory amendments or notifications are applicable. The courts emphasize adherence to the prescribed timeline, and failure to do so can lead to the rejection of the written statement. Jaman Singh VS Additional District Judge Rajgarh - Rajasthan, Madhav Narayan Naik VS Abida Bi - Bombay, Anant Kumar Pandey VS Md. Athar Hussain - Jharkhand, Nachipeddi Ramaswamy VS P. Buchi Reddy - Andhra Pradesh
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Consequences of Delay - Filing a written statement after 90 days typically results in the court refusing to accept it, or the defense being struck off. However, procedural law aims to facilitate justice, and courts sometimes accept delayed filings if the delay is minimal or if there are valid reasons, but this is not the norm. In cases where the written statement is filed beyond the prescribed period, courts have refused acceptance, emphasizing the importance of timely compliance. Shaikh Salim Haji Abdul Khayumsab VS Mr. Kumar - Supreme Court, Natha Singh VS Satish Kumar - Punjab and Haryana, Satish Chandra VS Additional District Judge, Baran - Rajasthan, Swami Sharad Puri VS Civil Judge (J. D. ), Haridwar - Uttarakhand
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Court's Discretion and Jurisdiction - Courts have limited discretion in accepting delayed written statements beyond 90 days. The legal framework and procedural rules strongly favor strict compliance, and non-compliance often leads to rejection, unless specific statutory provisions or amendments apply. Madhav Narayan Naik VS Abida Bi - Bombay, Nachipeddi Ramaswamy VS P. Buchi Reddy - Andhra Pradesh
Analysis and Conclusion:
The prevailing legal position is that a written statement cannot be filed after the 90-day period from the service of summons. While some cases mention the period as directory, courts generally uphold the mandatory nature of this deadline, and failure to file within 90 days results in rejection or striking off of the defense. Exceptions are rare and typically involve statutory amendments or specific circumstances, but the default rule remains strict adherence to the 90-day limit to ensure procedural discipline and timely disposal of cases.
Search Results for "Written Statement Cannot be Filed after 90 Days"
2005 0 Supreme(UK) 182 • India - Uttarakhand
B.C.KANDPAL
The trial court cannot decide the application solely on the ground that the written statement cannot be filed beyond a period of ... days for filing the written statement, in line with the observations made by the Hon'ble Apex Court. ... 90 days only. ... It is not expected from the trial court to decide the application merely on the ground that the written statement ca....
2008 0 Supreme(Raj) 1916 • India - Rajasthan
DINESH MAHESHWARI
Written statement should be filed within 90 days from the service of the summons, this period cannot be extended. ... The written statement taken on record. The provision only directory not mandatory. ... statement. ... The plaintiff urged that the written statement was required to be filed, in any case, within 90 days from service of summons a....
2006 0 Supreme(Raj) 855 • India - Rajasthan
P.S.ASOPA
statement has not been filed, thus the same cannot be filed after 90 days – Held – Provisions of Order 8 Rule 1 CPC being procedural ... application – For the error on the part of the Court the litigant cannot be allowed to suffer – Directed to take the written statements ... C.P.C., Order 8 Rule 1 and 9 read with Sec. 151 – Taking written statement on record – Date fixed as 25.8.04 and extended t....
2003 0 Supreme(Bom) 795 • India - Bombay
F.I.REBELLO, P.V.HARDAS
to CPC - Written statement not filed - Jurisdiction of Court - Written statement to be filed within 30 days or within extended period ... of 90 days - Court cannot extend period beyond 90 days - Amendment of 1999 applicable if notified - Order V, Rule 1 and Order VIII ... , Rule 1 not applicable to proceedings filed before Amendment Act came into force - On fail....
2016 0 Supreme(Jhk) 1522 • India - Jharkhand
RAVI NATH VERMA
Code of Civil Procedure, 1908 – Order VIII, rule 1 – Written statement was filed after expiry of 90 days, grounds stated by the respondent ... statement of the respondent is directed to be accepted. ... cannot be considered – Procedural law is not to be seen as an obstruction but an aid to justice, it acts as a lubricant in the administration ... It is true that even after completion of 90 days, the written #HL_STA....
2006 0 Supreme(Bom) 226 • India - Bombay
R.M.S.KHANDEPARKAR
to defendant alongwith summons Admittedly petitioner filed written statement within 90 days from date of receiving copies of documents ... statement filed by petitioner/ defendant in suit Delay of 24 days in filing written statement Not disputed Respondents/plaintiffs ... Trial Court failed to exercise its jurisdiction in relation to written statement Impugned order not sustainab....
2024 Supreme(Online)(KER) 14536 • India - High Court of Kerala
VIJU ABRAHAM, J
of the Case: The petitioner, as the defendant in a commercial suit, sought acceptance of a written statement filed within ... Issues: Whether the written statement filed by the petitioner was validly submitted within the extended limitation period ... statements, thereby affirming the timeliness of the written statement in question. ... statement and any written statement #HL_S....
2005 8 Supreme 43 • India - Supreme Court
a holiday that cannot make the Written Statement, filed, unacceptable. ... Court refused to accept the written statement on ground that it was filed beyond 90 days—High Court upheld the order in writ—Appeal—Maxim ... Had the Written Statement been filed on 19.2.2004, obviously the court could not have refused to accept the written statement as ....
2006 0 Supreme(P&H) 626 • India - Punjab and Haryana
HEMANT GUPTA
statement within 90 days. ... Fact of the Case: The defendant's defense was struck off for not filing the written statement within 90 days, despite ... Issues: Non-filing of written statement within 90 days, legality of striking off the defense of the defendant Ratio ... The defendant has filed written statement on 2.11.2004 but the court fo....
2003 0 Supreme(AP) 568 • India - Andhra Pradesh
V.V.S.RAO
written statement and Court accepted same - Application filed by defendant under Or8, R10 requesting to reject written statement ... time beyond 30 days from date of service of summons and since defendant failed to file written statement within 90 days as required ... - Trial Court passing order dismissing Application holding that defendant filed written #HL_STA....
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