Case Note & Summary
The petitioner, Abdul Kareem, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 20.02.2023 passed by the Senior Civil Judge and JMFC at Shorapur in O.S. No. 82/2022. The trial court had rejected the petitioner's application (I.A. No. I) filed under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) seeking extension of time to file the written statement. The petitioner was the defendant in the suit. The summons were served on the petitioner on 22.08.2022, and the last date to file the written statement was 21.11.2022 (90 days). The petitioner filed the application on 23.01.2023, after the expiry of the prescribed period. The petitioner contended that the delay was due to the illness of his advocate and his own illness. The trial court rejected the application on the ground that no sufficient cause was shown. The High Court examined the facts and found that the petitioner had not placed any material to substantiate the claim of illness. The court noted that the application was filed after a considerable delay and the reasons were not convincing. The High Court held that the trial court had exercised its discretion judiciously and there was no error of jurisdiction or law warranting interference under Article 227. The writ petition was dismissed.
Headnote
A) Civil Procedure - Written Statement - Extension of Time - Order VIII Rule 1 CPC - The petitioner sought extension of time to file written statement beyond 90 days from the date of service of summons. The trial court rejected the application on the ground that no sufficient cause was shown. The High Court held that the trial court's discretion was properly exercised and no interference was warranted under Article 227. (Paras 1-10) B) Civil Procedure - Condonation of Delay - Sufficient Cause - Order VIII Rule 1 CPC - The petitioner contended that the delay was due to the advocate's illness and the petitioner's own illness. The court found that the reasons were not substantiated and the application was filed after the expiry of the prescribed period. The High Court upheld the rejection, noting that the trial court had considered the facts and circumstances. (Paras 5-8) C) Constitutional Law - Writ Jurisdiction - Article 227 of Constitution of India - The High Court's power under Article 227 is supervisory and not appellate. Interference is warranted only if the subordinate court has acted without jurisdiction or in excess of jurisdiction or has committed a grave error of law. In this case, no such error was found. (Paras 9-10)
Issue of Consideration
Whether the trial court was justified in rejecting the application filed under Order VIII Rule 1 of CPC seeking extension of time to file the written statement, and whether the High Court should interfere with such order under Article 227 of the Constitution of India.
Final Decision
The writ petition is dismissed. The order dated 20.02.2023 passed by the Senior Civil Judge and JMFC at Shorapur in O.S. No. 82/2022 is upheld. No order as to costs.
Law Points
- Order VIII Rule 1 CPC
- Order VIII Rule 10 CPC
- Section 151 CPC
- Sufficient cause for condonation of delay
- Extension of time to file written statement
- Discretion of trial court
- Interference under Article 227 of Constitution of India
