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Written Statement Must Have Para-Wise Reply To Plaint; Allegations Deemed To Be Admitted Unless Specifically Denied : Supreme Court

Statement

The Sikkim High Court on Monday underlined the difference between Order VIII Rule 1 A CPC which deals with timeline of filing written statement by the defendant and producing relevnant documents on record, and Order XLI Rule 25 CPC which paves way for a party to tender additional evidence before the trial court after new issues are framed by the …

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 …

Written Statement In Commercial Suit Can't Be Deferred Beyond Prescribed Time Merely Because Demurrer Application For Dismissal Is Pending: Calcutta HC

The Calcutta High Court on Friday held that filing of written statement in commercial suits cannot be permitted beyond the prescribed time limit merely because a demurrer application for rejection of plaint moved by the defendant is pending. While hearing one such application seeking extension of time to file written statement in a commercial suit, the High Court reiterated that …

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

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 …

Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court

The Supreme Court observed that its suo motu limitation extension orders applies in relation to the period prescribed for filing the written statement in commercial suits. The court, referring to the relevant provisions contained in Order V Rule 1, Order VIII Rule 1 and Order VIII Rule 10 CPC regarding time limit for filing written statement and consequences of default, …

Commercial Courts Have The Power To Permit New Timeline For Submission Of Written Statement In Transferred Cases: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that the Commercial Courts dealing with transferred cases from civil courts have the power to prescribe a new timeline for submission of written statement. Justice C. Praveen Kumar and Justice Ravi Nath Tilhari ruled as follows: "1) where the suit or application has been transferred to the Commercial Court under Section 15 of …

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 …

Time Limit Of 90 Days For Written Statement Under Order VIII Rule 10 Directory, But Courts Must Use The Discretion Sparingly : Gujarat High Court

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. …