• Time limit for filing of written statement in partition civil suit

I filled out a Partition suit on 11 Aug 2022. Some properties fetch rent, so we have requested “Directing to Defendant 1 and 2 to pay mesne profits to the plaintiff” in the partition Suit. 

My understanding of Order VIII Rule 1 CPC, a Written statement should be filed within 30 + 90 Days, total 120 Days after receiving the summon. If not commercial, there is an exception with a proper written reason.but it should not grant such an extension so frequently(Order VIII Rule 10)

My Questions: 
Will this rent (Apex 35K INR/Mon) come under commercial or not?

 Already more than 280 days (excluding Judge leave past 2 hearings). Still Defendants not yet submitted the written statement after summon submission to D1 to D3 & D5. Please refer to each hearing. 
 If coming hearing on 24-11-23 Defendants have not submitted the written Statement. then, no of days will increase to 425 days. 

In that scenario, Can I ask my lawyer to quote law Order VIII Rule 1 and 10 of CPC and request the judge to direct favour to me? Is it possible? 
Or Please suggest to me how to proceed further. 


Hearing 12-09-22 : 
 IA.1/22 Await service of notice for R4. Mr. R. Venu filed vakalath for R1, R2. M. P. Bala, filed vakalath for R3, R5. Counter of R1 to R3 & R5 by 26.10.22. OS3/22 Await service for D4. Mr. S. Venu filed vakalath for D1, D2. M. Bala, filed vakalath for D3, D5. Written statement of D1 to D3 & D5 by 26.10.22
Next Purpose:	Written Statement

Hearing 26-10 -22:
 IA 1/22 - Re issue notice to R4 for his appearance by 25.1.23, counter of R1 to R3,R5 by then. OS 3/22 - Written statement of D to D3, D5, D4 returned, want of time. D4 postal cover returned as adressee moved. Re issue court summon to D4 by 25.1.23, written statement of D1to D3, D5 by then.
Next Purpose:	Written Statement

Hearing 25-1 -23 : 
IA 1/22 - Counter of R1 to R3, R5, R4 await call on 3.3.23. OS 3/22 - Written statement of D1 to D3, D5, D4 await call on 3.3.23.
Next Purpose:	Written Statement

Hearing 3--3 -23 :
IA 1/22 - Counter of R1 to R3, R5. R4 not served, want of time. For Filing exoneration Petition for R4 call on 21-6-23. Counter by then. Written Statement of D1 to D3, D5. D4 not served, want of time. D4 Postal cover returned as address moved. For Filing exoneration Petition for D4 at request call on 21-6-23. Written Statement of D1 to D3, D5 by then.
Next Purpose:	Written Statement

Hearing 21--6 -23 :
IA 1/22 - Counter of R1 to R3, R5 at request 04.08.23 no further adjournment. OS 3/22 - Written statement of D1 to D3, D5 at request 04.08.23 no further adjournment. Steps to exonerate D4 by then.
Next Purpose:	Written Statement

Hearing 4--8 -23 :
I.A.1/22- Counter R1 to r3, R5. Judge leave reposted to 27.9.23. OS3/22- Written statement of D1 to D3, d5 as NFA. / Steps to exonarate D4 Judge on leave reposted to 27.9.23
Next Purpose:	Written Statement

 Hearing 27--9 -23 :
Judge leave.Reposted to 24.11.23.
Next Purpose:	Written Statement
Asked 7 months ago in Civil Law

11 answers received from multiple lawyers

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11 Answers

Since defendants have failed to file written statement apply to court for proceeding exparte against defendants 

 

2) draw attention of court to fact that summons served on x date and inspite of repeated adjournments till date WS not filed 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

Dear Client ,

 


Dear Client,

Defendant must file the Written Statement within the time period of not more than 120 days from the date of service of the summons, and thereafter upon the expiration of this period, the defendant will forfeit his right to file the written statement and the Court shall not allow the same to be taken on record.

 

Thank You

Ayantika Mondal
Advocate, Bangalore
27 Answers
9 Consultations

4.0 on 5.0

Just because you are asking for a share in the mesne profits it cannot be treated as commercial suit.

It is an inordinate delay to file the written statement, your advocate should insist on court to set the defendants set exparte for this lapse.

 

T Kalaiselvan
Advocate, Vellore
85345 Answers
2227 Consultations

5.0 on 5.0

Dear Client,

You may ask your lawyer to quote Order VIII  Rule 10. As per Order VIII Rule 10, if any person who is required to file a written statement does not do so within the time period prescribed or permitted by the court, the court shall pronounce the judgement against him or issue an order, and a decree shall be drawn up on the pronouncement of the judgement. In your case, the fact that the defendants have failed to file a written statement for over 425 days is likely to weigh in your favor. The court will also consider other factors, such as the reasons for the delay and the prejudice that you may suffer if the court extends the time limit.

Thank you.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

- Claiming the Rent is not  commercial 

- The Defendant must file the Written Statement within the time period of not more than 90 days from the date of service of the summons, and thereafter upon the expiration of this period, the defendant will forfeit his right to file the written statement and the Court shall not allow the same to be taken on record

- Hence, the defendant is bound to file the written statement within a maxim period of 90 days , and the court leave will also be counted for the same , and only permitted holidays can be exempted . 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

please inform the court about the date on which the writ of summons was served on the defendant and then request to pass a no WS order against the defendant or an order to proceed with the suit ex-parte against the defendant 

Yusuf Rampurawala
Advocate, Mumbai
7552 Answers
79 Consultations

5.0 on 5.0

You can make an application to trial court that suit be proceeded with exparte as defendants have not filed WS for 425 days 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

You can instruct your advocate to file the proposed memo for the said reason, the court may set the defendant exparte and pass orders for exparte evidence

T Kalaiselvan
Advocate, Vellore
85345 Answers
2227 Consultations

5.0 on 5.0

- Yes, you should move an application before the court to close the opportunity to file the written statement and to pass order against the defendant. 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Dear Client,

Yes, you can ask your attorney to submit a memo or petition asking the court to consider your case ex-parte because the defendant has been delaying the submission of the written statement for a long time. Although the defendant is not required to participate in an ex-parte proceeding, the court will normally follow a certain process when evaluating this request. If necessary, your attorney will help you through the process and build a compelling case for an ex-parte judgment.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

You can take a No WS order tor rhe same court will issue directions 

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

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