Insights · 14 October 2026

Served with summons in a civil suit? The written statement deadline

If someone files a civil suit against you, the court issues a summons asking you to appear and answer the claim. Your answer is called a written statement. It is the document in which you admit or deny each allegation and set out your defence.

The basic timeline

• Under Order VIII Rule 1 of the Code of Civil Procedure, the written statement should be filed within 30 days of being served with the summons.
• For ordinary civil suits, the court may allow more time for recorded reasons, but generally not beyond 90 days from service.
• For commercial suits under the Commercial Courts Act, 2015, the outer limit of 120 days is strict. If the written statement is not filed by then, the defendant loses the right to file it.

What to do when you receive summons

1. Note the date you received it and the date of the first hearing.
2. Get copies of the plaint (the plaintiff's case) and the documents filed with it.
3. Gather your own documents early, since documents you rely on are generally expected to be filed with the written statement.
4. Consult an advocate well before the deadline. A carefully drafted written statement shapes the rest of the case.

If you miss the first hearing

If a defendant does not appear despite being served, the court may proceed ex parte, that is, without hearing them. There are remedies to set aside an ex parte decree, but it is far easier to appear on time.