Court’s Discretion To Extend Time To File Written Statement Beyond 120 Days Revoked By Amendments To J&K CPC: High Court

Case: Abdul Rehman Nath V/s Umar Mohammad Beigh

Coram: Justice Javed Iqbal Wani

Case No.: CM(M) No. 68/2023

Court Observation: The only inescapable conclusion emerges from above is that if a defendant fails to file his written statement within the prescribed time provided under Order VIII Rule (1), the right to file

“In view of the substitution and addition of the Proviso supra to Order VIII CPC, the legislature has taken away the discretion which was earlier vested with the court to extend the time to file the written statement beyond the prescribed period”

“It is true that similar amendment in Code was made by virtue of Section 13 of the Commercial Courts Act, 1908 to the extent of its applicability to the suits of commercial nature, however, the similar amendment has been made as observed and referred in the preceding paragraphs in CPC itself as well”.

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Keywords

Court’s Discretion To Extend Time To File Written Statement, Jammu, Kashmir & Ladakh High Court