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In suit of partition we have limit to fill the WS in 90 days
11-Feb-2025 (In Property Law)
In suit of partition we have limit to fill the WS in 90 days if defendant have given lawyer but not filled the WS with in 120 days then what will we be the next steps need to take in SUIT of partition case. suit of partition is for land partition only.
In a suit for partition, the defendant is required to file the Written Statement (WS) within 90 days of receiving the summons. If they fail to do so even within 120 days, the following steps can be taken:
1. File an Application for No WS Consideration: You can request the court to proceed without the WS, as per Order VIII Rule 10 of the CPC, which allows the court to pronounce judgment in the absence of a WS.
2. Seek Ex-Parte Proceedings: If the defendant continues to remain non-compliant, you can request the court to proceed ex-parte (without the defendant's response).
3. Request for a Decree: If the facts of the case are clear and unchallenged, you may ask the court to pass a decree in your favor based on the available evidence.
4. Proceed with Evidence Stage: If the court allows the case to proceed despite no WS, you may proceed with submitting evidence and arguments.
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Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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Hi ideally a defendant shall file its written statement within 30 days, however the court may extend the said period by further 90 days, after the conclusion of total 120 days the court may pass no written statement order, however the same can be set aside by filing an application if sufficient cause is shown
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Adv. Kunal Kamath
Mumbai | 50+ Answers
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Dear client based on your query, Navigating this matter with the assistance of a legal professional could offer valuable insights and ensure all relevant aspects are comprehensively addressed, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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Well, if the Defendant has not filed the WS within 120 Days from the date of filing of the Plaint, then, the Plaintiff via his Advocate can approach Court for passing an Ex Partee Decree in favor of the Plaintiff.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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