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Report No. 77

5.2. Order 8, rule .-

Written statement to be filed at first hearing.-It has come to the notice of the Commission that in many of the States the defendant does not file the written statement on the first date of hearing and that a number of adjournments covering a period of many months are granted for this purpose. According to the provisions of Order VII, rule 1 of the Code of Civil Procedure, the defendant shall, at or before the first hearing or within such time as the court may permit, present a written statement of his defence. In fact, in the summonses which are issued to the defendant in regular suits, it is indicated that the defendant should file his written statement on the first hearing.

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