Mithumal and Others vs Ku. Kavita and Others

Arun Mishra, J.

Written statement has been filed though belatedly however the Trial Court has refused to take it on record as per impugned order (P-8) dated 2-1-2003. Relying on the provisions of Order 8 Rule 1, Civil Procedure Code, the Trial Court felt bound by the limitation of 30 days and not beyond 90 days prescribed in Order 8 Rule 1 of the Civil Procedure Code. Order 8 Rule 1 of the CPC is quoted 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.

Order 8 Rule 1 requires the defendant to file the written statement within thirty days from the date of service of summons on him. In case he 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. As per Section 148 of the Code of Civil Procedure, Court can extend period for doing of an act not exceeding thirty days in total even though time fixed for doing of act may have expired. The procedural provision inserted in Order 8 Rule 1 of CPC intends to expedite the trial. In case written statement is not filed within time limit of 90 days prescribed in Order 8 Rule 1 of CPC Court may be justified in closing the right to file written statement. However it does not mean that if written statement is filed in the Court explaining the reasons for delay in exceptional cases, Court can not take written statement on record subject to payment of cost if case has not progressed, substantially after closing of the right to file written statement Court can take written statement on record to do complete justice between parties at the same time case is not to be delayed. In the instant case written statement has been filed in the circumstances of the case, the same deserves to be taken on record. Subject to payment of the cost of Rs. 500/- the written statement is directed to be taken on record. The cost be paid within fifteen days from today. The writ petition is allowed and the impugned order is set aside.