Defendant filing written statement after plaintiff's oral evidence.

plaintiffs oral evidence concluded, defendant filing WS at this stage after 276days. can court accept, if yes, under what condition. any citation to show WS at this stage illegal.

Answers (1)

465 votes

Rule 1 Order VIII CPC  states that  the time period to file written statment is 30 days, it can be extended to 90 days after seeking permission of the court.
The question, now arise, is whether the default ?outer limit of ninety days prescribed by the proviso to Rule 1 of Order VIII of the Code is conclusive so that in no case, howsoever exceptional, would a breach of this outer limit be warranted and that in no case, the balancing act of the court would be allowed to incline towards an extension of time, beyond the period of ninety days, for filing the written statement.

If there is an delay, the opposite party will have to file an application of condo nation of delay, thereby explaining the period of delay and requesting court to grant permission to file written statement.

We suggest that your lawyer should file a reply therafter raising an objection and request the court to forfeit the right to file the written statment.

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