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State of Himachal Pradesh - Section

Section 21 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh

21. Defendants to present a written statement.

- It is laid down in Order VIII, rule I of the Code of Civil Procedure, that a defendant may and if so required by the court shall, at or before the first hearing and within such time as the Court may permit, present a written statement of his defence. Ordinarily, it is advisable to require such a written statement and the Court should at the time of issuing the summons call for a written statement from the defendant on the dates fixed for his appearance. In most cases, there should be no difficulty in presenting such a written statement on the date fixed, and no adjournment should be given for the purpose except for good cause shown and in proper cases costs should be awarded to the opposite side. Laxity in granting adjournments for the purpose of filing written statements should be avoided and it should be noted that in extreme cases contumacious refusal to comply with the Court's order is liable to be dealt with under Order VIII, rule 10, Code of Civil Procedure.