The time for filing a written statement under Order 8, Rule 1 CPC is directory, allowing courts discretion to grant extensions under exceptional circumstances.

JUDGMENT

Namit Kumar, J. (Oral)

Challenge in the present revision petition is for setting-aside the order dated 11.04.2023 passed by learned Civil Judge (Junior Division), Ambala in RP No.111 of 2022, titled as "Sadhna Aggarwal v. Kanchan Rani and others" whereby the application filed by the respondent No.1/petitioner under Order 8, Rule 10 CPC, has been allowed and defence of the petitioners/defendants has been struck-off on account of non-filing of written statement despite availing several opportunities.

2. Learned counsel for the petitioners contends that the plaintiff/respondent No.1 filed a petition under Section 13 of Rent Act for ejectment of the respondent from Shop No.37, Ganpati Complex, B.I. Bazar Road near Aggarwal Dharamshala, Ambala Cantt. on 17.05.2022 and thereafter on 04.08.2022, in view of the Resolution, the District Bar Association abstained from work and thereafter, several opportunities have been granted to file reply/written statement on behalf of the respondents and thereafter, on 17.01.2023, the learned Presiding Officer was on compensatory leave and the case was adjourned to 02.03.2023 and thereafter, on 02.03.2023, last opportunity was granted to file reply/written statement and the case was adjourned to 11.04.2023 and thereafter, on 11.04.2023, the defence of the respondents/petitioners was struck-off without affording any further opportunity and the case was adjourned to 18.05.2023 for recording the evidence of the petitioner. He submits that non-filing of the written statement within the stipulated period is neither intentional nor deliberate. He further submits that, if one opportunity to the present petitioners is afforded, then the written statement will be filed before the learned trial Court on or before the next date of hearing i.e. 21.12.2023, fixed in the rent petition.

3. In pursuance of the notice of motion order dated 31.08.2023 passed by this Court, Mr. S.K.S. Bedi, Advocate has put in appearance on behalf of respondent No.1 and submits that he has no objection, if the present petition is allowed and the petitioners may be granted an opportunity to file reply/written statement.

4. I have heard learned counsel for the parties and perused the record.

5. The question is as to whether under the facts and circumstances of the case, the petitioners deserve to be granted any further opportunity for filing of written statement while setting-aside the order passed by the Court below whereby defence of the petitioners was struck-off on account of non-filing of written statement.

6. Comprehensive amendments were made in CPC in the year 2002 in Order 8, Rule 1 CPC. The relevant provision is reproduced below:-

"Written Statement:- 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 the written statement within the said period of 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."

7. Aforesaid provision provides that 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 written statement within the said period of thirty days, he shall be allowed to file the same within such further time, 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.

8. The issue as to whether the period so provided under Order 8, Rule 1 CPC for filing the written statement is mandatory or directory, came up for consideration before Hon'ble the Supreme Court in Kailash v. Nanhku and others 2005 (2) RCR (Civil) 379, wherein it was opined that the purpose of amendment is to expedite and not to scuttle the hearing. Thi