Commercial Suits: 120 Days Deadline To File Written Statement Mandatory: SC [Read Judgment]

Ashok Kini

19 Feb 2019 1:07 PM IST

“In view of the fact that the consequence of forfeiting a right to file the written statement; non-extension of any further time; and the fact that the Court shall not allow the written statement to be taken on record all points to the fact that the earlier law on Order VIII Rule 1 on the filing of written statement under Order VIII Rule 1 has now been set at naught.”

The Supreme Court has observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be taken on record in commercial suits, if it is not filed within 120 days from the date of service of summons of the Suit. The bench comprising Justice Rohinton...

Commercial Suits: 120 Days Deadline To File Written Statement Mandatory: SC [Read Judgment]

Ashok Kini

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