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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

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 …

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

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 …

The Bench comprising Justice Ashok Kumar Joshi at the Gujarat High Court has held that the maximum limit of 90 days for filing the written statement as under Order VIII Rule 1 is directory and not mandatory in nature. Judgement The Bench while interpreting Order VIII Rule 1, observed that the word 'shall' ordinarily implies the mandatory nature of the …

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

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. …