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In a commercial suit governed by the amended Order VIII rule 1 of the Code of Civil Procedure, 1908,…

For a commercial suit governed by the amended written-statement deadline, expiry of 120 days from service forfeits the right to file the written statement. The court cannot…

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In a commercial suit governed by the amended Order VIII rule 1 of the Code of Civil Procedure, 1908, the ordinary 120-day limit from service of summons has expired without a written statement. Assume no excluded period or special saving applies. What follows?

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Answer and explanation

Correct answer A

For a commercial suit governed by the amended written-statement deadline, expiry of 120 days from service forfeits the right to file the written statement. The court cannot overcome that statutory limit simply by imposing costs or accepting sufficient cause.

See sections 15(4) and 16 and the Schedule to the Commercial Courts Act, 2015, including Order VIII rules 1 and 10 as amended.

Option feedback

Option A

The amended proviso expressly provides forfeiture of the right after the 120-day limit.

Option B

Costs can accompany a permitted extension within the statutory limit; costs alone do not permit filing after it.

Option C

Ordinary sufficient cause does not authorise extension past this mandatory statutory limit.

Option D

The statute expressly provides forfeiture, so this denial fails.

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