LEGAL LEARNING – SHRI GANPATI JURISTS
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Reply to Amended Plaint: 120-Day CPC Limit Not Applicable
⚖️ The Delhi High Court clarified that the 120-day time limit under Order VIII Rule 1 CPC applies only to the initial filing of a written statement after service of summons.
🔹 Amendment in Plaint: When a plaint is amended (Order VI Rule 17 CPC), the defendant is allowed to file a reply to such amended plaint. However, the 120-day limit does not restrict this filing.
🔹 The Court can fix a reasonable timeline for filing the reply to an amended plaint, but failure to do so cannot automatically lead to striking off the defence under the 120-day rule.
🔹 Even in commercial suits, if the amended plaint is taken on record, the defendant should get a fair chance to respond, irrespective of initial CPC time limits.
🔹 The Trial Court’s decision to strike off the defence for not filing the reply was reversed, acknowledging that procedural timelines should not override substantive justice.
🔹 However, courts can impose costs to discourage undue delay and ensure procedural discipline.
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