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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUJOY PAUL
Mir Akbar Ali Khan – Appellant
Versus
Sarwarunnisa Begum – Respondent
ORDER :
1. The challenge in this petition is mounted to the order dated 04.01.2024, whereby I.A.No.1090 of 2023 in S.O.P.No.6 of 2023 on the file of I Senior Civil Judge, City Civil Court, Hyderabad, was decided.
2. The admitted facts between the parties are that the main case was filed for grant of succession certificate. The petitioner/respondent No.2 remained absent on several dates. Since on 31.08.2023 also the petitioner remained absent, the trial Court forfeited his right to file written statement/counter. The said order is sought to be recalled/set aside by filing the application under Order IX Rule 7 read with Section 151 of Civil Procedure Code (CPC). The Court rejected the same.
3. Learned counsel for the petitioner submits that in view of the judgment of Supreme Court in the case of Raj Process Equipments and Systems Pvt. Ltd. vs. Hones Derivatives Pvt. Ltd. Civil Appeal No. 8089 of 2022 dated 03.11.2022, it is clear that Order VIII Rule 1 of CPC is directory in
Provisions requiring timely submission of written statements under civil procedure are directory; however, extensions should only be granted for compelling reasons supported by evidence to prevent ju....
The court emphasized the discretion of the court to allow the defendant to file a written statement even after the expiry of the 90-day period, highlighting that the time for filing a written stateme....
The striking off of a defendant's defence due to late filing of a written statement, despite court's extension, is unjustifiable, and such extensions are regarded as directory rather than mandatory, ....
The court ruled that the limitation for filing a written statement is strict and can only be extended in exceptional circumstances, which were not present in this case.
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 of 90 days prescribed for filing written statement under Order VIII Rule 1 of CPC in an ordinary suit is directory and not mandatory. The court has the discretion to grant further time to th....
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