Case Note & Summary
The petitioner, M/s All India Engineering Company Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 11/3/2011 passed by the 4th Joint Civil Judge (Sr.Dn.), Nagpur, rejecting its application (Exh.11) to set aside the 'No W.S.' order and permit filing of the written statement. The suit summons were served on the defendant on 23/3/2010. The 'No W.S.' order was passed on 16/6/2010, before the expiry of the statutory period under Order 8 Rule 1 of the Code of Civil Procedure, 1908. The defendant's application explained that the written statement could not be filed because the Managing Director was out of station. The trial court rejected the application, adopting a hyper-technical approach. The High Court, relying on the principle that procedure is the handmaiden of justice, quashed the impugned order and allowed the application. The defendant was directed to pay costs of Rs.3000/- to the respondent within two weeks, and the trial court was directed to take the written statement on record. Rule was made absolute with parties bearing their own costs.
Headnote
A) Civil Procedure - Written Statement - Extension of Time - Order 8 Rule 1, Code of Civil Procedure, 1908 - The trial court passed a 'No W.S.' order before expiry of the statutory period for filing written statement. The defendant's application to set aside that order was rejected on hyper-technical grounds. The High Court held that for just reasons, the time can be extended by the court, and procedure cannot be used for oppression of justice. The impugned order was quashed and the defendant was allowed to file written statement on payment of costs of Rs.3000/-. (Paras 2-3)
Issue of Consideration
Whether the trial court was justified in rejecting the application to set aside the 'No Written Statement' order and permit filing of written statement beyond the period prescribed under Order 8 Rule 1 of the Code of Civil Procedure, 1908.
Final Decision
The impugned order dated 11/3/2011 is quashed and set aside. Application Exh.11 is allowed. Petitioner is allowed to file written statement. Trial court directed to take written statement on record. Petitioner to pay costs of Rs.3000/- to respondent within two weeks. Rule made absolute with parties to bear their own costs.
Law Points
- Procedure is handmaiden of justice
- Order 8 Rule 1 CPC time limit can be extended for just reasons
- hyper-technical approach deprecated
