Whether filing amendment of plaint after 120 days will reset the clock and enable the Defendant to file his written statement, Commercial Courts Act 2015?
Under the Commercial Courts Act, 2015, the filing of a written statement by the defendant is governed by Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), as amended for commercial disputes. It mandates that a written statement must be filed within 30 days of service of summons and allows a maximum extension of 90 days, beyond which filing is not ordinarily permitted. Key Points Regarding Amendment of the Plaint: Effect of Amendment on Written Statement Timeline: When the plaintiff amends the plaint, it might introduce new facts or claims that require a response. The defendant has the right to file an additional or amended written statement only to the extent of the amendments in the plaint....