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NAMIT KUMAR
Primla Khanna – Appellant
Versus
Khurana Fibre – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
The instant revision petition has been preferred by the petitioner/defendant impugning the order dated 21.07.2023 (Annexure P-9) passed by learned Civil Judge (Junior Division), Jalandhar in CIS No.76 of 2019, whereby defence of the petitioner/defendant has been struck off for non-filing of written statement despite availing several opportunities and the case was adjourned for 23.08.2023 for evidence of the plaintiff, which is now fixed for hearing for 29.09.2023.
2. Learned counsel for the petitioner contends that the petitioner is a old lady of 74 years of age and residing in Amritsar with her family. The suit where she has been arrayed as a defendant has been filed by the plaintiff at Jalandhar. Due to health issues, the petitioner could not file the written statement within the time granted by the learned Trial Court. He submits that non-filing of the written statement within the stipulated period is neither intentional nor deliberate. He seeks one last opportunity to file the written statement on behalf of the petitioner/defendant.
3. I have heard learned counsel for the petitioner and perused the record.
4. The question is as to whether under
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.
The time for filing a written statement under Order 8, Rule 1 CPC is directory, allowing courts discretion to grant extensions under exceptional circumstances.
The provisions of Order VIII Rule 1 of C.P.C. are directory, allowing courts discretion to extend time for filing written statements.
The court reinforced that adherence to statutory timelines for filing written statements is crucial, and extensions must be justified with proper applications and reasons.
Strict adherence to procedural deadlines for filing written statements is essential; ignorance of law does not excuse late filings.
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