⚖ Key Judicial Precedents on Written Statements
✅ 1️⃣ Kailash v. Nanhku & Ors. (2005) 4 SCC 480
-
Held: The time limits under Order VIII Rule 1 CPC (30 + max 90 days) are directory, not mandatory.
-
Courts have discretion to accept a written statement even beyond 90 days if justified by special or exceptional circumstances.
✅ 2️⃣ Salem Advocate Bar Association (II) v. Union of India (2005) 6 SCC 344
-
Reiterated Kailash: Courts should not automatically shut out written statements after 90 days; procedural law is a handmaiden of justice, not its mistress.
-
But litigants should not misuse the flexibility — routine delays will not be tolerated.
✅ 3️⃣ SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. (2019) 12 SCC 210
-
Important for commercial disputes: Under the Commercial Courts Act, 2015, the 120-day timeline is mandatory.
-
If the written statement is not filed within 120 days, the right is forfeited, and the court has no discretion to allow it later.
✅ 4️⃣ Desh Raj v. Balkishan (2020) 2 SCC 708
-
Courts cannot strike off the defense or close the right to file written statement in a mechanical manner.
-
Even if delayed, courts must consider if there’s sufficient cause shown.
✅ 5️⃣ Zolba v. Keshao & Ors. (2008) 11 SCC 769
-
Even in cases where time limits are relaxed, the defendant cannot be casual or negligent.
-
Filing written statements should be done diligently, respecting timelines.
✅ 6️⃣ M/s. Bihar Rajya Bhumi Vikas Bank Samiti v. State of Bihar & Ors. (2018) 9 SCC 472
-
Filing of written statement beyond prescribed period under special enactments (like cooperative society laws) cannot be condoned if the law specifically bars it.
-
Procedural relaxations under CPC do not override special statutes.
๐ Key Takeaways
-
Regular civil suits → 30 days + up to 90 days (relaxable in rare cases).
-
Commercial suits → strict 120-day cap (no relaxation).
-
Courts have discretion but expect diligence + valid reasons; casual delay won’t be entertained.
No comments:
Post a Comment