Clarification regarding time limit to file written statement

i had filed a property suit on my uncle 2 years back . He didnot filed any written statement with in 90 days . after 90 days he asked time for filing the WS Court permitted him but he again didnt filed WS. can he file WS now i.e after 2 years ? will court permit him to do so ?

Answers (1)

240 votes

See the written statement cannot be filed later than 90 days from the day of service of summons as per order8 rule 1 of CPC. However, as per the order of supreme court such a rule is only directory and not mandatory and can be condoned where there is a genuine reason. However, two years is a very long time to show any genuine reason. But even if the application is allowed you should ensure that a heavy cost is imposed on the defendant that is your uncle.

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