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In an ordinary non-commercial civil suit, what total period from service of summons does the proviso to…

The ordinary filing period is 30 days from service of summons. The proviso specifies a date no later than 90 days after service, with reasons recorded in writing. The…

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In an ordinary non-commercial civil suit, what total period from service of summons does the proviso to Order VIII rule 1 of the Code of Civil Procedure, 1908, specify for filing a written statement with leave after the initial 30 days?

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Correct answer C

The ordinary filing period is 30 days from service of summons. The proviso specifies a date no later than 90 days after service, with reasons recorded in writing. The ordinary timeline is directory, so an exceptional case may justify acceptance beyond 90 days. For commercial disputes of specified value, the distinct statutory regime sets a 120-day cutoff.

Option feedback

Option A

Thirty days is the initial filing period.

Option B

Sixty days is the difference between the two deadlines. The question asks for the total from service.

Option C

The ordinary proviso specifies 90 days in total from service.

Option D

The ordinary proviso does not specify a 100-day period.

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