APPLICATION UNDER SECTION 151 CPC FOR ACCEPTING THE WRITTEN STATEMENT BEYOND THE PRESCRIBED PERIOD

 

🏛 IN THE COURT OF ___________

Civil Suit No. _______ of _______

In the matter of:
[Plaintiff’s Name] … Plaintiff
Versus
[Defendant’s Name] … Defendant

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APPLICATION UNDER SECTION 151 CPC FOR ACCEPTING THE WRITTEN STATEMENT BEYOND THE PRESCRIBED PERIOD

MOST RESPECTFULLY SHOWETH:

1. That the defendant was served with summons in the present suit on ____ / ____ / ______.

2. That as per Order VIII Rule 1 CPC, the written statement was required to be filed within 30 days, extendable up to 90 days from the date of service of summons.

3. That due to [mention sufficient cause: e.g., illness, change of counsel, administrative delays, inadvertent mistake, unavoidable circumstances], the defendant could not file the written statement within the prescribed period.

4. That the delay in filing the written statement is neither intentional nor deliberate nor due to any malafide, but is purely due to the reasons stated above.

5. That the defendant is keen to contest the present suit on merits and will suffer grave prejudice if the written statement is not taken on record.

6. That no prejudice will be caused to the plaintiff if the written statement is allowed to be filed, and the matter can be decided on its merits in the interest of justice.

7. That it is well-settled that the rules of procedure are handmaidens of justice and should not be used to defeat substantive rights (Kailash v. Nanhku, (2005) 4 SCC 480; Salem Advocate Bar Association (II) v. Union of India, (2005) 6 SCC 344).

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PRAYER

In view of the above, the defendant most respectfully prays that this Hon’ble Court may kindly:

a) Condone the delay in filing the written statement;
b) Accept the written statement filed by the defendant on record;
c) Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.

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Place: ___________

Date: ___________

Defendant
(Through Counsel)
(Signature)

Counsel for the Defendant:
Name: ___________________
Address: _________________

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✅ Checklist for filing:

• Attach a copy of the written statement you want admitted.

• Attach supporting documents (if any) justifying the reason for delay (like medical certificate, correspondence, affidavit).

• Ensure the application is signed and verified properly.