In money suit how much time period is their to file written statement

804 votes

Dear Client,
Generally the courts will grant 30 days time. It depends upon the nature of the judge. In extraneous circumstances judge will grant 3 months time that is to say 90 days statutory period for filing Written Statement. Even thereafter for best unavoidable reasons the court will grant some small time like 7 days etc., But in any case the court will not grant more than 90 days for filing Written Statement.

Advocate Sistla Rama Krishna LawRato

594 votes

in any suit filed under civil procedure code the or to the suits civil procedure code applies it is 90 days from the date of receipt of notice is the time for filing written statement as per the amendment made in 2005 to the code of civil procedure

Advocate Innamuri Balasubramanyam LawRato

980 votes

Hello,

The Defendant should, within 30 days from the service of summons on him, present a written statement of his defense. The said period, however, can be extended up to 90 days, but for reasons to be recorded for such extension.

Advocate B. Srikiran LawRato

839 votes

HI
In a money suit, the time period to file a written statement is 30 days from the date of receipt of notice
Order VIII Rule 1 of CPC reads as follows
“The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence.


Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.”

A defendant should, within 30 days from the service of summons on him, present a written statement of his defence. The said period, however, can be extended up to 90 days, but for reasons to be recorded for such extension

Advocate Rajagopalan LawRato

619 votes

In construing this provision, support can also be had from Order VIII Rule 10 which provides that where any party from whom a written statement is required under Rule 1 or Rule 9, fails to present the same within the time permitted or fixed by the Court, the Court shall pronounce judgment against him, or make such other order in relation to the suit as it thinks fit. On failure to file written statement under this provision, the Court has been given the discretion either to pronounce judgment against the defendant or make such other order in relation to suit as it thinks fit. In the context of the provision, despite use of the word `shall', the court has been given the discretion to pronounce or not to pronounce the judgment against the defendant even if written statement is not filed and instead pass such order as it may think fit in relation to the suit. In construing the provision of Order VIII Rule 1 and Rule 10, the doctrine of harmonious construction is required to be applied. The effect would be that under Rule 10 of Order VIII, the court in its discretion would have power to allow the defendant to file written statement even after expiry of period of 90 days provided in Order VIII Rule 1. There is no restriction in Order VIII Rule 10 that after expiry of ninety days, further time cannot be granted. The Court has wide power to `make such order in relation to the suit as it thinks fit'. Clearly, therefore, the provision of Order VIII Rule 1 providing for upper limit of 90 days to file written statement is directory. Having said so, we wish to make it clear that the order extending time to file written statement cannot be made in routine. The time can be extended only in exceptionally hard cases. While extending time, it has to be borne in mind that the legislature has fixed the upper time limit of 90 days. The discretion of the Court to extend the time shall not be so frequently and routinely exercised so as to nullify the period fixed by Order VIII Rule1.

Advocate Soumil Kandukuri LawRato