IMPORTANT POINT
In a case where close relatives are litigants a liberal approach is called for.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Bombay High Court dismissing the Writ petition filed by the appellants questioning correctness of the order passed by the trial court rejecting the application for setting aside the order directing that no written statement was to be accepted and also not allowing the appellants who are the defendants in RCS No.99 of 2003 filed by respondent No.1 the plaintiff to file written statement. Rest of the respondents are the defendants in the suit. Admittedly an order was passed stating that the written statement was not filed within the period of 90 days. An application was filed alongwith the written statement with two prayers; first prayer was to set aside the earlier order relating to non-filing of the written statement and second to accept the written statement along with the application. The trial court held that in terms of the amended Order VIII Rule 1 of the Code of Civil Procedure, 1908 (in short the ‘CPC’), there was no scope for accepting a written statement filed beyond the fixed period of 90 days. The order was challenged before the High Court which noted that though the view of the trial court that it had no power to accept the written statement filed after 90 days was not correct in the circumstances of the case no case for interference was made out.

3. Learned counsel for the appellants submitted that the factual scenario clearly showed that the trial court and the High Court erred in not accepting the prayers made.

4. Learned counsel for the respondent No.1 on the other hand stated that the plaintiff is an old lady in her 80’s and with a view to prolong the proceedings the appellants are deliberately trying to harass her.

5. The Code of Civil Procedure enacted in 1908 consolidated and amended the laws relating to the procedure of the Courts of Civil Judicature. It has undergone several amendments by several Acts of the Central and State Legislatures. Under Section 122 CPC the High Courts have power to amend by rules, the procedure laid down in the orders. In exercise of these powers various amendments have been made in the orders by various High Courts. Amendments have also been made keeping in view the recommendations of the Law Commission. Anxiety of Parliament as evident from the amendments is to secure an early and expeditious disposal of civil suits and proceedings without sacrificing the fairness of trial and the principles of natural justice inbuilt in any sustainable procedure. The Statement of Objects and Reasons for enacting the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976) (in short “the 1976 Amendment Act”) highlights the following basic considerations in enacting the amendments :

“5. (i) that a litigant should get a fair trial in accordance with the accepted principles of natural justice;

(ii) that every effort should be made to expedite the disposal of civil suits and proceedings, so that justice may not be delayed;

(iii) that the procedure should not be complicated and should, to the utmost extent possible, ensure fair deal to the poorer sections of the community who do not have the means to engage a pleader to defend their cases.”

6. By the 1999 Amendment Act the text of Order 8 Rule 1 was sought to be substituted in a manner that the power of the court to extend the time for filing the written statement was so circumscribed as would not permit the time being extended beyond 30 days from the date of service of summons on the defendant. Due to resistance from the members of the Bar against enforcing such and similar other provisions sought to be introduced by way of amendment, the Amendment Act could not be promptly notified for enforcement. The text of the provision in the present form has been introduced by the Amendment Act with effect from 1-7-2002. The purpose of such-like amendments is stated in the Statement of Objects and Reasons as “to reduce delay