District Consumer Forums can grant a further period of 15 days to the opposite party for filing his version and not beyond that: Supreme Court
9 years, 3 months ago

District Consumer Forums can grant a further period of 15 days to the opposite party for filing his version and not beyond that: Supreme Court

Live Law  

We reiterate the view that the District Forum can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that, the three Judge Bench of the Apex court said holding that the law laid down in Dr. J.J. Merchant case prevails over latter view taken in Kailash case.Three Judges Bench of Supreme Court, answering a reference to it in. The Law Section 13 of the Consumer Protection Act, 1986reads “The District Forum shall,………., refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum” Dr. J.J. The opposite party has to submit its version within 30 days from the date of the receipt of the complaint by him and Commission can give at the most further 15 days for some unavoidable reasons to file its version.” Kailash case In this case, another Three judges bench, held that limit of 90 days, as prescribed by the proviso to Rule 1 of Order 8 of the Civil Procedure Code, is not mandatory,but directory in nature, and further time for filing reply can be granted, if the circumstances are such that require grant of further time for filing the reply.

Supreme Court Court Party Case Period District Bench Filing View Version Grant This Case This Court Merchant 15 Days Opposite Kailash His Version Kailash Case Latter View  opposite  court  case  party  days  view  kailash  period  merchant  version  forums  grant  bench  district  supreme  filing  jj  dr

History of this topic

Commercial Court Act Doesn't Prevent Applicability Of Order 8 Rule 9 CPC For Filing Additional Written Statement After 120 Days: Delhi HC
2 months, 1 week ago

Commercial Court Act Doesn't Prevent Applicability Of Order 8 Rule 9 CPC For Filing Additional Written Statement After 120 Days: Delhi HC

Live Law  

In relation to commercial disputes, the Delhi High Court has observed that the Commercial Courts Act, 2015 does not prevent the application of Order 8 Rule 9 CPC for filing additional written statement after the expiry of 120 days for filing the written statements. The Court observed that while filing additional written statement is not a matter of right, it …

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22
3 months ago

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22

Live Law  

National Consumer Disputes Redressal Commission Insured Cannot Assume Obligation On Part Of Bank To Renew Policy: NCDRC Case Title: State Bank of India Vs. R. Vishwanatha Pai Case Number: R.P. Haryana Consumer Disputes Redressal Commission Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation Case title: Mrs. Neeru Bala Mahendru vs Ansal Properties & …

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court
3 months ago

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court

Live Law  

The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
3 months ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement
3 months, 1 week ago

NCDRC Upholds The Sacrosanct Nature Of Procedural Timeline Of 45 Days For Filing Written Statement

Live Law  

The National Consumer Disputes Redressal Commission bench presided by Dr. Inder Jit Singh has underscored the importance of procedural timeline given under the Consumer Protection Act for filing of written statement. Brief background: Authorised representatives of builders Lucina Land Development ltd. and Diana infrastructure ltd. failed to file their written reply to a complaint within the 45 days timeline as …

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court
1 year, 7 months ago

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court

Live Law  

The Kerala High Court on Wednesday clarified that a person, including a stranger to the suit apart from the judgment debtor or those claiming derivative title from the judgment debtor, is competent to challenge a sale of property under Order XXI Rule 90 of the CPC if their interests are affected by the sale.A Division Bench of Justice Anil K …

Consumer Commission Can Condone Delay For Filing Written Version Upto 15 Days Only : Supreme Court
2 years, 4 months ago

Consumer Commission Can Condone Delay For Filing Written Version Upto 15 Days Only : Supreme Court

Live Law  

The Supreme Court observed that a Consumer Commission has no jurisdiction to condone the delay for filing opposite party's written version beyond the prescribed period of 15 days mentioned in the Consumer Protection Act, 2019.Before the National Consumer Disputes Redressal Commission in this case, the opposite party filed written statement beyond the period of 45 days. The Supreme Court observed …

Time Limit For Filing Written Statement Not Mandatory If Suit Was Instituted Before Civil Court & Transferred To Commercial Court After Expiry Of 120 Days: Supreme Court
2 years, 4 months ago

Time Limit For Filing Written Statement Not Mandatory If Suit Was Instituted Before Civil Court & Transferred To Commercial Court After Expiry Of 120 Days: Supreme Court

Live Law  

The Supreme Court observed that the time period for filing written statement is not mandatory if the suit was instituted in a civil court and transferred to a Commercial Court after the expiry of 120 days.The plaintiffs filed a suit for recovery of damages on the file of the Civil Court Senior Division Jalgaon in December, 2017. The High Court …

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court
2 years, 5 months ago

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court

Live Law  

The Supreme Court observed that there is no bar in taking on record a counter claim filed long after filing of written statement but before framing of issues.In this case, the counter-claim in question was filed nearly 13 years after filing of the written statement. The Supreme Court observed that there is no bar in taking on record a counter …

District Forums To Decide Plea For Condonation Of Delay As Preliminary Issue Before Proceeding To Decide The Complaint On Merits: UP State Consumer Commission
2 years, 9 months ago

District Forums To Decide Plea For Condonation Of Delay As Preliminary Issue Before Proceeding To Decide The Complaint On Merits: UP State Consumer Commission

Live Law  

The Uttar Pradesh State Consumer Disputes Commission by a recent judgment in the case of Balrampur Nursing Home vs. Shri Dhokhai while allowing a revision petition has held that as per the provisions contained in S. 69 of the Consumer Protection Act 2019, it is imperative for the District Consumer Forums to decide the Applications for Condonation of Delay as …

Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC
2 years, 9 months ago

Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC

Live Law  

Remarking that "delay in filing the revision was not huge, that should not have been condoned under the Consumer Protection Act", the Court remitted the matter back to the NCDRC for decision on merits. In the impugned order, the NCDRC had said, "Hon'ble Supreme Court has also warned this Commission in the matters covered under the Consumer Protection Act, to …

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court
3 years, 1 month ago

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court

Live Law  

this Court holds that the Proviso to Order VIII Rule 1 of Code of Civil Procedure, which fixes the maximum period for filing the written statement as 120 days and which was held. In a significant decision, the Madras High Court recently held that the mandatory time limit of 120 days to file a written statement in a commercial suit …

Order VIII Rule 1 CPC - Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits: Supreme Court
3 years, 5 months ago

Order VIII Rule 1 CPC - Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits: Supreme Court

Live Law  

The Supreme Court has observed that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure in civil suits is directory.The bench of Justices Hemant Gupta and V. Ramasubramanian held the provisions of Order VIII Rule 1 CPC are mandatory in the Commercial Courts under the Commercial Courts Act, 2015. …

Representative Suit - Process Under Order 1 Rule 8 CPC Not Mandatory At Appellate Stage : Kerala High Court
3 years, 9 months ago

Representative Suit - Process Under Order 1 Rule 8 CPC Not Mandatory At Appellate Stage : Kerala High Court

Live Law  

Answering a reference against a division bench judgment, a 3-judge bench of the Kerala High Court has held that the publication of notice under Order 1 Rule 8 of the Code of Civil Procedure is not mandatory at the appellate stage of a representative suit.A 3-judge bench comprising Justices CT Ravikumar, V Shircy and K Haripal declared that the division …

Consumer Fora Has No Power To Accept Written Statement Beyond Period Of 45 Days, Reiterates Supreme Court
4 years, 1 month ago

Consumer Fora Has No Power To Accept Written Statement Beyond Period Of 45 Days, Reiterates Supreme Court

Live Law  

Consumer fora has no jurisdiction and/or power to accept the written statement beyond the period of 45 days, the Supreme Court reiterated in a judgment delivered on Thursday.In this case, the National Consumer Disputes Redressal Commission, confirmed the order passed by the Karnataka State Consumer Disputes Redressal Commission rejecting an application seeking condonation of delay in filing. Consumer fora has …

[Breaking] Consumer Forum Has No Power To Extend Time Beyond 45 Days For Opposite Party's Version : SC Constitution Bench [Read Judgment]
5 years ago

[Breaking] Consumer Forum Has No Power To Extend Time Beyond 45 Days For Opposite Party's Version : SC Constitution Bench [Read Judgment]

Live Law  

The Supreme Court on Wednesday held that the time period for filing opposite party's version in Consumer case cannot be extended beyond the period of 45 days prescribed under the Consumer Protection Act.The Court held that Consumer Protection Act 1986 did not empower the Consumer Forum to extend the time beyond the period of 45 days. The Supreme Court on …

Can Consumer Forum Extend Time Beyond 45 Days For Opposite Party's Version? SC To Pronounce Verdict Tomorrow
5 years ago

Can Consumer Forum Extend Time Beyond 45 Days For Opposite Party's Version? SC To Pronounce Verdict Tomorrow

Live Law  

The Supreme Court will pronounce judgment tomorrow on the whether the time period for filing version in Consumer case can be extended beyond the period of 45 days prescribed under the Consumer Protection Act.The issue was heard by a 5-judge bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. The Supreme Court will pronounce judgment tomorrow on the whether …

District Consumer Forums can grant a further period of 15 days to the opposite party for filing his version and not beyond that: Supreme Court
9 years, 3 months ago

District Consumer Forums can grant a further period of 15 days to the opposite party for filing his version and not beyond that: Supreme Court

Live Law  

We reiterate the view that the District Forum can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that, the three Judge Bench of the Apex court said holding that the law laid down in Dr. J.J. Merchant case prevails over latter view taken in Kailash case.Three Judges Bench …

Discover Related