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AP High Court – Commercial Suit – Order VIII Rule 1 CPC – WS filed before 120 days without condonation delay application

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Commercial Suit – Order VIII Rule 1 CPC – Mandatory period of 120 days for filing Written Statement
In this case, the summons of the commercial suit was served on the defendant on 30.10.2024 and appeared on 6.11.2024. The period of 30 days to file WS had expired on 6.12.2024. The period of 120 days was to expire on 6.3.2025.
However, the WS was filed on 18.2.2025 without application for condonation of delay in filing WS within 30 days was not filed.
HELD that where an application for condonation of delay has not been filed the court shall allow an opportunity to file such an application even beyond 120 days provided the written statement has already been filed within 120 days.
Judgment dated 17.3.2026 of the High Court of Andhra Pradesh in in Civil Revision Petition No.214 of 2026 of Bunge India Pvt Ltd Vs. M/s Sree Mahalshkhmi Oil Mills.

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