Rule 1 of CPC : Rule 1: Written statement.

Explanation using Example

Example 1:

Rajesh receives a summons on January 1st, 2023, informing him that he is being sued by his neighbor, Suresh, over a property dispute. According to Rule 1 of Order VIII of The Code of Civil Procedure 1908, Rajesh has 30 days to file a written statement of his defense. Therefore, Rajesh must submit his written statement by January 31st, 2023.

However, Rajesh is unable to gather all necessary documents and evidence within the 30-day period. He requests an extension from the court. The court, after recording the reasons in writing, grants him an additional 60 days, making the new deadline March 31st, 2023. Rajesh submits his written statement on March 25th, 2023.

If Rajesh had failed to submit his written statement by March 31st, 2023, he could request another extension. The court, considering the reasons and imposing a cost penalty, might grant him a final extension up to April 30th, 2023. If Rajesh still fails to submit his written statement by April 30th, 2023, he forfeits his right to file the written statement, and the court will not accept it thereafter.

Example 2:

Anita is sued by her former business partner, Meera, for breach of contract. Anita receives the summons on February 10th, 2023. According to the law, Anita has until March 12th, 2023, to file her written statement.

Anita's lawyer falls ill, and she is unable to prepare the written statement in time. Anita requests an extension from the court, explaining the situation. The court grants her an additional 30 days, extending the deadline to April 11th, 2023.

Despite the extension, Anita's lawyer is still recovering, and she requests another extension. The court, after recording the reasons and imposing a cost penalty, grants a final extension until May 10th, 2023. Anita submits her written statement on May 5th, 2023.

If Anita had failed to submit her written statement by May 10th, 2023, she would lose the right to file it, and the court would not accept any written statement from her after this date.