Written statement
5 years ago
I have to give a written statement. I have taken extension date since three hearings. So that I could get the evidence.
The evidence is taking longer time to get. So I want more extension in filling the written statement
Will I get the extension or should I give whatever evidence I have so far?
ROBERT D ROZARIO
Responded 5 years ago
A.90 days is the time limit to file the ws otherwise your defence will be struck-off. Amendment of ws can be done at any stage once you get hold of any new evidences. Note: It has been held in some recent cases that the delay can be condoned and the ws can be accepted even after the expiry of 90 days from the date of service of summons in exceptionally hard cases. But in that situation you need to satisfy the court that there was a genuine exceptional ground that prevented you from filing ws. Don't take any chances, file your ws.
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A.Dear Sir,
You file written statement immediately otherwise it will be taken as not filed and evidence of plaintiff will be commenced. You have a chance to amend written statement at a latest stage also whenever you get new evidence. At this stage you are advised to approach a senior legal drafter and get prepare a preliminary written statement with whatever facts you have with you and reserving a right to file additional written statement or to amend the written statement whenever new facts are unearthed.
For full procedure contact me on mobile through Vidhikarya.
You file written statement immediately otherwise it will be taken as not filed and evidence of plaintiff will be commenced. You have a chance to amend written statement at a latest stage also whenever you get new evidence. At this stage you are advised to approach a senior legal drafter and get prepare a preliminary written statement with whatever facts you have with you and reserving a right to file additional written statement or to amend the written statement whenever new facts are unearthed.
For full procedure contact me on mobile through Vidhikarya.
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A.Dear Sir,
Please have a look at the following paragraphs.
Filing of Written Statement- Statutory Period u/Order VIII Rule 1 CPC is Directory and not mandatory
October 31, 201801371
Written Statement is the reply statement filed by the defendant in a suit specifically denying the allegations made against him by the plaintiff in his plaint. The rule regarding written statement is contained in the Code of Civil Procedure, 1908 (for short “CPC”). ... This rule is stated in Order VI Rule 7 of CPC.
It has been held in that decision that the delay can be condoned and the written statement can be accepted even after the expiry of 90 days from the date of service of summons in exceptionally hard cases.
Filing of Written Statement- Statutory Period u/Order VIII Rule 1 CPC is Directory and not mandatory
Filing of Written Statement- In this case, the High Court of Jharkhand in view of precedents has reiterated the law that the statutory period for filing of written statement by the Defendant as enumerated under Order VIII Rule 1 of CPC is directory and not mandatory in nature.
Case name: Dukhi Mirdha vs Ramdas Mirdha
Brief facts of the case: The petitioner, who was defendant in the Title Suit is aggrieved by the impugned order, whereby his application for accepting his written-statement has been rejected on the ground that the written statement was not filed by him within the statutory period as enumerated under Order VIII Rule 1 of Code of Civil Procedure.
According to Order-VIII Rule 1 CPC within 30 days of service of summons the defendant shall file his written-statement of defence. By the Code of Civil Procedure (Amendment) Act, 2002 this period of 30 days has been extended to 90 days by incorporating a proviso to Rule 1.
The Petitioner in the case contended that he is a handicapped person suffering from various diseases and that is the reason why his written-statement of defence could not be prepared and filed within the statutory period.
Bench’s Verdict
• The Jharkhand High Court while arriving at its decision made reference to judgments of the Supreme Court wherein it has been settled that the statutory period provided under Order-VIII Rule 1 CPC is binding on the parties but not on the Court (Rani Kusum v. Kanchan Devi & ors.[1]).
• Reference was also made to the case of Kailash v. Nankhu & ors.[2], wherein it has been held by the Apex Court that the provision under Order-VIII Rule 1 CPC is directory and not mandatory. In appropriate cases on an application by the defendant the trial court for the reasons to be recorded can permit a defendant to put his defence even beyond the statutory period as provided under Order-VIII Rule 1 CPC.
In view of the aforesaid, the High Court set aside the impugned order rejecting Petitioner’s Written Statement and directed that the written-statement filed by the Petitioner shall be taken on record.
Shanti Ranjan Behera
Advocate
Please have a look at the following paragraphs.
Filing of Written Statement- Statutory Period u/Order VIII Rule 1 CPC is Directory and not mandatory
October 31, 201801371
Written Statement is the reply statement filed by the defendant in a suit specifically denying the allegations made against him by the plaintiff in his plaint. The rule regarding written statement is contained in the Code of Civil Procedure, 1908 (for short “CPC”). ... This rule is stated in Order VI Rule 7 of CPC.
It has been held in that decision that the delay can be condoned and the written statement can be accepted even after the expiry of 90 days from the date of service of summons in exceptionally hard cases.
Filing of Written Statement- Statutory Period u/Order VIII Rule 1 CPC is Directory and not mandatory
Filing of Written Statement- In this case, the High Court of Jharkhand in view of precedents has reiterated the law that the statutory period for filing of written statement by the Defendant as enumerated under Order VIII Rule 1 of CPC is directory and not mandatory in nature.
Case name: Dukhi Mirdha vs Ramdas Mirdha
Brief facts of the case: The petitioner, who was defendant in the Title Suit is aggrieved by the impugned order, whereby his application for accepting his written-statement has been rejected on the ground that the written statement was not filed by him within the statutory period as enumerated under Order VIII Rule 1 of Code of Civil Procedure.
According to Order-VIII Rule 1 CPC within 30 days of service of summons the defendant shall file his written-statement of defence. By the Code of Civil Procedure (Amendment) Act, 2002 this period of 30 days has been extended to 90 days by incorporating a proviso to Rule 1.
The Petitioner in the case contended that he is a handicapped person suffering from various diseases and that is the reason why his written-statement of defence could not be prepared and filed within the statutory period.
Bench’s Verdict
• The Jharkhand High Court while arriving at its decision made reference to judgments of the Supreme Court wherein it has been settled that the statutory period provided under Order-VIII Rule 1 CPC is binding on the parties but not on the Court (Rani Kusum v. Kanchan Devi & ors.[1]).
• Reference was also made to the case of Kailash v. Nankhu & ors.[2], wherein it has been held by the Apex Court that the provision under Order-VIII Rule 1 CPC is directory and not mandatory. In appropriate cases on an application by the defendant the trial court for the reasons to be recorded can permit a defendant to put his defence even beyond the statutory period as provided under Order-VIII Rule 1 CPC.
In view of the aforesaid, the High Court set aside the impugned order rejecting Petitioner’s Written Statement and directed that the written-statement filed by the Petitioner shall be taken on record.
Shanti Ranjan Behera
Advocate
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A.Hello,
There are 2 options -
1. Show to the Hon'Ble Judge that the evidence is taking long. You show if xerox of apllication which you have applied to get evidence or any such thing which may convince him that you genuienly want time to gather evidence.
2. File a written statent with wjatever evidence you have, and add a paragraph in it seeking prayer to amend it in future whenever you get evidence.
There are 2 options -
1. Show to the Hon'Ble Judge that the evidence is taking long. You show if xerox of apllication which you have applied to get evidence or any such thing which may convince him that you genuienly want time to gather evidence.
2. File a written statent with wjatever evidence you have, and add a paragraph in it seeking prayer to amend it in future whenever you get evidence.
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Suksham Aggarwal
Responded 5 years ago
A.You should file written statement with whatever evidence you have as not filing written statement in time may stuck off your defence. Also you can arrange and attach the documents in your support at the time of evidence.
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