Site navigation

A prayer for extension of time beyond the period of 90 days for filing the written statement

Order VIII rule 1 CPC sets a 90-day outer limit for the written statement, but Kailash v Nanhku (2005) held the limit directory, allowing further time in exceptional cases…

Choose your answer

A prayer for extension of time beyond the period of 90 days for filing the written statement

Select one answer
Answer and explanation

Correct answer B

Order VIII rule 1 CPC sets a 90-day outer limit for the written statement, but Kailash v Nanhku (2005) held the limit directory, allowing further time in exceptional cases for reasons recorded. The Court directed that a prayer for extension beyond 90 days "has to be in writing", so an oral request is not enough, and the view that time can never be extended is wrong for ordinary suits.

Current law: For qualifying commercial suits, the later commercial amendments impose a distinct 120-day outer limit and forfeiture rule, confirmed in SCG Contracts (2019). Ordinary non-commercial proceedings retain the directory rule subject to exceptional justification; the commercial limit must not be imported into this question.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic