Sample Format for Application (for condonation of delay) for written statement

 IN THE COURT OF ____________

Civil Suit No. _______ / ________

Application under Section 151 CPC for accepting written statement beyond time

Respectfully Submitted:

1. The defendant was served summons on ____.

2. Due to _______ (explain sufficient cause), the written statement could not be filed within the prescribed time.

3. The delay is neither intentional nor deliberate; no prejudice will be caused to the plaintiff.

4. In the interest of justice, the Hon’ble Court may kindly exercise discretion to allow the filing of the written statement.

PRAYER:

It is respectfully prayed that this Hon’ble Court may be pleased to:

(a) Condone the delay in filing the written statement.

(b) Accept the written statement on record.

(c) Pass such other order(s) as deemed fit.

Defendant (Through Counsel)

Date:

Model Arguments Against Delay (or in Commercial Disputes)

 

🔹 Model Arguments Against Delay (or in Commercial Disputes)

✅ Strict timeline under Commercial Courts Act

• Cite SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. (2019) 12 SCC 210.

• Argue: In commercial suits, written statement must be filed within 120 days; beyond that, the right is forfeited, and the court has no discretion.

✅ Legislative intent for speedy disposal

• The Commercial Courts Act aims to ensure time-bound, efficient proceedings; the defendant’s delay frustrates this objective.

✅ Precedent bars condonation

• As clarified in Bharat Kalra v. Raj Kishan Chhabra (2022), the Supreme Court emphasized that no further extension is permissible beyond 120 days.

✅ Delay is intentional / tactical

• Highlight any evidence suggesting that the delay was a deliberate attempt to stall or frustrate the suit.

Model Arguments for Delay in Filing Written Statement (Non-commercial suits)

 

🔹 Model Arguments for Delay in Filing Written Statement (Non-commercial suits)

✅ 1️⃣ Procedural law is directory, not mandatory

• Refer to Kailash v. Nanhku (2005) 4 SCC 480.

• Argue: Order VIII Rule 1 CPC is directory; courts have discretion to accept the written statement even beyond 90 days to avoid injustice.

✅ 2️⃣ No prejudice to the plaintiff

• The delay in filing does not prejudice the plaintiff’s substantive rights; the matter is still at the preliminary stage.

✅ 3️⃣ Exceptional / sufficient cause exists

• Provide valid reasons:

  • Illness of party or counsel.

  • Change of counsel.

  • Administrative/official delay in obtaining documents.

  • Genuine misunderstanding or inadvertence.

✅ 4️⃣ Principles of natural justice

• Denying the defendant’s right to defend on purely technical grounds would violate natural justice (audi alteram partem).

✅ 5️⃣ Procedural law is a handmaiden of justice

• As held in Salem Advocate Bar Assn. (II) v. Union of India (2005) 6 SCC 344, procedural rules are meant to advance justice, not defeat it.

✅ 6️⃣ No malafide or intentional delay

• Argue that the delay was not due to negligence, malafide, or deliberate tactics; the defendant is keen to contest fairly.

Key Judicial Precedents on Written Statements

 

⚖ 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.

---

🛑 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.

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

 

🏛 IN THE COURT OF ____________

(Case Title)
Suit No. _________ of _________

Between:
[Plaintiff’s Name],
… Plaintiff

Vs.

[Defendant’s Name],
… Defendant

---

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT

1. Preliminary Submissions:
   Without prejudice to the rights and contentions and reserving the right to file additional pleadings and submissions, the Defendant respectfully submits this Written Statement.

2. Para-wise Reply:

Para No. (of Plaint)	Reply
Para 1	The contents of Para 1 are admitted to the extent they are matter of record; the rest are denied.
Para 2	The contents of Para 2 are denied for want of knowledge; the Plaintiff is put to strict proof.
Para 3	The Defendant denies the allegations made in Para 3 as false and baseless. The correct facts are that… (provide your version).
Para 4	The contents of Para 4 are wrong and denied. The Defendant states that… (provide explanation or defense).
Para 5	The contents of Para 5 are admitted/denied as per record… (respond specifically).

(Continue for all paragraphs of the plaint.)

3. Preliminary Objections / Defenses:
   a) The suit is not maintainable on facts and law.
   b) The suit is barred by limitation (if applicable).
   c) The Plaintiff has not come to court with clean hands and has suppressed material facts.
   d) There is no cause of action against the Defendant.
   e) (Any other objections, such as lack of jurisdiction, misjoinder, etc.)

4. Without Prejudice Statement:
   Without prejudice, the Defendant submits that even if the Plaintiff’s allegations are assumed (which is denied), the Defendant is not liable because… (briefly outline your key defenses).

---

PRAYER

In view of the above, the Defendant humbly prays that this Hon’ble Court may be pleased to:
a) Dismiss the suit with costs;
b) Grant any other relief(s) as deemed fit in the interest of justice.

---

Place: ___________

Date: ___________

Defendant
(Through Counsel)
(Signature)

Advocate for Defendant
(Name and Address)

---

🔹 Checklist before filing:

✅ Attach the Vakalatnama (if appearing through advocate).
✅ Affidavit verifying the written statement.
✅ File within the prescribed time limit.

Written Statement Deadline Tracker

 

📝 Written Statement Deadline Tracker

✅ Case Title / Number: ___________________________
✅ Court: ___________________________
✅ Plaintiff: ___________________________
✅ Defendant: ___________________________

---

🔹 Step 1: Date of Service of Summons

👉 Date received by defendant: ____ / ____ / ______
(Write the exact date when the summons was served)

---

🔹 Step 2: Calculate Deadlines

• ⏳ Initial deadline (30 days): ____ / ____ / ______

• ⏳ Maximum extension (90 days, civil cases): ____ / ____ / ______

• ⏳ For commercial disputes (max 120 days): ____ / ____ / ______

---

🔹 Step 3: Track Filing Status

• 📦 Drafting started? ✅ / ❌ → Date: ___________

• ✏ Draft completed? ✅ / ❌ → Date: ___________

• 📤 Filed in court? ✅ / ❌ → Date: ___________

---

🔹 Step 4: Court Orders (if any extensions sought)

• Has an extension been requested? ✅ / ❌ → Date: ___________

• Court’s order recorded? ✅ / ❌ → Notes: _________________________

---

⚠ Important Reminders:

• ⏰ Don’t delay! Courts now frown upon casual delays, especially in commercial disputes.

• 📎 Keep all proofs of service (postal receipts, acknowledgment) attached.

• 🗂 Maintain a separate folder/file for each case to track deadlines properly.

The time frame for filing a written statement in a civil suit is governed mainly by Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC)

 The time frame for filing a written statement in a civil suit is governed mainly by Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC).

Here’s the breakdown:

✅ Normal time frame → 30 days from the date of service of summons on the defendant.

✅ Extension allowed → The court may allow up to 90 days from the date of service of summons for reasons to be recorded in writing.

✅ Commercial disputes (under Commercial Courts Act, 2015) → Strict timeline:

• Written statement must be filed within 30 days,

• Maximum permissible extension up to 120 days,

• Beyond 120 days, the right to file written statement is forfeited (no discretion to extend further).