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Union of India - Section

Section 6 in The Code Of Civil Procedure (Amendment) Act, 2002

6. Amendment of Order V.-

In the First Schedule to the principal Act (hereinafter referred to as the First Schedule), in Order V,-(i) in rule 1, for sub- rule (1)[ as substituted by clause (i) of section 15 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999 )], the following sub- rule shall be substituted, namely:-
(1)When a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, within thirty days from the date of service of summons on that defendant:Provided that no such summons shall be issued when a defendant has appeared at the presentation of plaint and admitted the plaintiff' s claim: 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 same on such other day as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.
(ii)for rule as substituted by clause (v) of section 15 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999 )], the following rules shall be substituted, namely: