Time Limit to File Written Statement

Introduction: Concept of Written Statement

The word ‘written statement’ has not been defined in the Civil Procedure Code, 1908. According to Order VIII Rule 1 of Civil Procedure Code, 1908 the defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence. Provided that where the defendant fails to file within 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.

The Ninety Day Limit is Directory:

Under Order VIII Rule 1, the Courts are empowered to permit the defendant after the expiry of thirty days from service of summons on him and the court may record reasons in writing to extend the time limit of ninety days from the date of service of summons to file the written statement. According to the provision of this order, the procedural law time limit is not a directory, but receipt of summoning is mandatory. 

Salem Advocate Bar Association, Tamil Nadu v. Union of India, in this case, the Supreme Court held that the defendant can be permitted to file the written statement if exceptional circumstances are made out. Where the court is satisfied with the reasons assigned by the defendant for not filing within the statutory period, it can extend the period, since the provision is not mandatory.

SCG Contracts India Pvt. Ltd. v. KS Chamankar Infrastructure Pvt. Ltd., in this case, it was held that the effect of Order VIII Rule 1 is that the written statement ordinarily is to be filed within 30 days, however, an extension of 90 days can be granted by recording the reasons in writing and the payment of costs as it deems fit to allow the same to be put on record. However, the defendant must file the written statement within a maximum period of 120 days from the date of service of summons.

Effect of the Commercial Courts Act:

Filing written statement within 120 days in commercial disputes in commercial courts, in terms of Order 8 Rule 1 of CPC may be extending for 90 days from receipt of summons including 30 days of summoning. If the defendant or respondent does not file the written statement in his defence within 120 days of receipt of summons then his right to filing written statement shall forfeit and will not be permitted to file the written statement.

Special Law Prevails over a General Law:

In terms of Order VIII Rule 1 of CPC, the requirement to file a written statement in non-commercial courts within 90 days is a directory and not mandatory. CPC is a general law and being a general law would not prevail, where the procedure regarding the pleadings is governed by a special law.

Chief Forest Conservator (Wildlife) & Ors. vs. Nisar Khan (2003) 4 SCC 595.

In this case, the Supreme Court of India held that when rules are validly framed, they should be treated as a part of the Act.

Conclusion:

The Supreme Court has clarified that for non-commercial suits governed by the unamended provisions of the CPC, the provisions of Order VIII Rule 1, CPC are directory and not mandatory.

-By Niyati Jangra
-Legal Associate of Law Offices Kr. Vivek Tanwar, Advocate & Associates