Case Note & Summary
The petitioner, the defendant in a civil suit, challenged an order dated 30th April 2005 passed by the trial court rejecting his application for extension of time to file the written statement. The summons was served on the defendant on 30th March 2005. On 30th April 2005, the defendant's advocate filed a written application stating that the defendant advocate was unable to prepare and file the written statement as some documents required for preparing the same were not in possession of the defendant. The trial court rejected the application on the ground that the defendant had not specified which documents were required. The High Court noted that the application was made within the prescribed period of 30 days from service of summons. The court held that the reason given by the defendant was sufficient and the non-specification of documents was not fatal. The court observed that the provision of Order 8 Rule 1 of the Code of Civil Procedure, 1908 for filing written statement within 30 days is directory and not mandatory, and the court has discretion to extend time. The court set aside the impugned order and granted the defendant two weeks' time from the date of the order to file the written statement. The writ petition was allowed.
Headnote
A) Civil Procedure - Extension of Time for Filing Written Statement - Order 8 Rule 1, Code of Civil Procedure, 1908 - The trial court rejected the defendant's application for extension of time to file written statement on the ground that the defendant had not specified which documents were required. The High Court held that the application was made within the prescribed period and the reason given was sufficient. The court observed that the provision for filing written statement within 30 days is directory and not mandatory, and the court has discretion to extend time. The rejection was set aside and the defendant was granted time to file written statement within two weeks. (Paras 2-4)
Issue of Consideration
Whether the trial court was justified in rejecting the defendant's application for extension of time to file written statement on the ground that the defendant had not specified which documents were required for preparing the written statement.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 30th April 2005, and granted the defendant two weeks' time from the date of the order to file the written statement.
Law Points
- Extension of time for filing written statement
- Order 8 Rule 1 CPC
- liberal construction of procedural law
- non-specification of documents not fatal
- right to defend
