Code of Civil Procedure, 1908 | O. 8 Written statement, set-off and counter claim

R. 1,9 Written statement

* Defendant failed to file written statement within 30 days under amended R.1 – No prayer was made for extending time – time cannot be extended – right to file written statement Is lost – time barred written statement cannot be accepted by court – even by purported exercise of inherent power under s. 151.
AIR 2003 Karnataka 426 (Savitha Gupta v. Nagaratha and others)

* Time for filing – cannot be extended beyond 90 days from date of service of summons.
AIR 2004 Kant. 246 (A. Sathyapal v. Yasmin Banu Ansari)

* permission to file Written statement beyond 90 days – permission refused – not improer.
AIR Kant. 2004 271 (Liyakhath Ali v. H.N. Lohiteshwar)

* Written statement – filing of at belated stage – proviso to O.8 R.1 inserted by amendment that court shall not allow filing of written statement beyond period of 90 days – cannot be interpreted in strict terms – court is not divested a power to fix further time for filing written statement by the said provision – further court is also empowered to extend time in exercise of power u/s. 148 and 151 – pronouncement of judgment without taking or record written statement – improper.
AIR 2003 AP 446 (Machipeddi Remaswamy v. Buchi Reddy)

* Written statement – delay in filing – conduct of Defendant far from satisfactory and trying to delay matter – held one final opportunity could be given for filing written statement on condition that Defendant should deposit Rs. Two lacs within specified time.
AIR 1990 SC 1147 (Ramesh Chand v. Punjab National Bank)

* Written Statement be accepted at the cost of Rs. 1,111/-
1995(2) GLH 883

R. 10 Procedure when party fails to present written statement

* Written statement – repeated time was granted to file – written statement not filed for period of more than two years – order granting further time to party not justified – application under O.8, R. 10 to pronounce judgment against Defendant allowed.
AIR 2000 SC 3585 : 2000 (6) Supreme Today (Om Prakash Gupta v. Union of India)