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Report No. 253

4. Amendment of Order V. - In the First Schedule, in Sub-Rule (1) of Rule 1 of Order V of the Code of Civil Procedure, 1908, the second proviso shall be substituted with the following proviso:

"Provided further that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons.

On expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record."



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