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G. R. SWAMINATHAN
Ramesh Flowers Private Ltd. – Appellant
Versus
Sumit Srimal – Respondent
COMMON ORDER
Order 8 Rule 1 of CPC states that written statement should be filed within thirty days from the date of service of summons on the defendant. The proviso to the Rule permits the defendant 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. In Salem Advocate Bar Association, T.N. v. UOI (2005) 6 SCC 344 , it was clarified that the upper limit of ninety days is directory. This provision has engaged the attention of the Hon'ble Supreme Court and the High Courts during the last two decades. It, however, appears that the practice of the trial courts is not in consonance with the principles laid down.
2. Let me trace the facts leading to the filing of the above civil revision petitions. The plaintiff in O.S No.140 of 2022 on the file of the First Additional District and Sessions Court, Thoothukudi is the revision petitioner herein. The defendant was a former employee of the plaintiff. According to the plaintiff, the defendant was terminated from service on 08.04.2022. The plaintiff alleges that the defendant is engaged in acts that are detr
The court reinforced that adherence to statutory timelines for filing written statements is crucial, and extensions must be justified with proper applications and reasons.
The court established that the timeline for filing a written statement under the CPC is directory but requires sufficient justification for any delays, which was not demonstrated in this case.
The court affirmed that procedural rules regarding the filing of written statements can be interpreted flexibly to ensure justice, allowing extensions in exceptional circumstances.
The court holds that delays in filing additional written statements can be condoned under Rule 9 of Order VIII provided there is sufficient cause and no prejudice is caused to the opposing party.
The provisions of Order VIII Rule 1 of C.P.C. are directory, allowing courts discretion to extend time for filing written statements.
The time schedule for filing the written statement is generally to be followed as a rule and departure should be by way of exception, with penalties as a deterrent.
Defendants must file a formal application to extend time for the written statement beyond thirty days, as failure to do so results in forfeiture of the right to file.
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
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