Case Note & Summary
The petitioners, original plaintiffs in Regular Civil Suit No. 294/2010 pending before the Court of Additional Senior Civil Judge (Rural), Ahmedabad, filed a suit for declaration and permanent injunction against the State of Gujarat. The suit was filed in 2010. The defendant-State was served with summons but failed to file a written statement within the prescribed period of 90 days under Order 8 Rule 1 of the Code of Civil Procedure, 1908. Instead, the defendant filed an application (Exh. 51) seeking permission to file the written statement belatedly. The trial court, by order dated 9/2/2017, allowed the application and directed that the written statement be taken on record. Aggrieved by this order, the plaintiffs filed the present petition under Article 227 of the Constitution of India. The main legal issue was whether the trial court had correctly exercised its discretion in condoning the delay in filing the written statement without requiring the defendant to show sufficient cause. The petitioners argued that the order was passed mechanically and without application of mind, as the defendant had not explained the delay. The respondent-State contended that the court had discretion to condone the delay and that no prejudice was caused to the plaintiffs. The High Court analyzed the provisions of Order 8 Rule 1 CPC and the relevant case law, holding that while the provision is directory, the discretion must be exercised judicially. The court found that the trial court had not recorded any finding of sufficient cause and had merely allowed the application without any reasoning. Consequently, the High Court quashed and set aside the impugned order and directed the trial court to proceed with the suit without taking the belated written statement on record. The petition was allowed.
Headnote
A) Civil Procedure - Order 8 Rule 1 CPC - Condonation of Delay in Filing Written Statement - The trial court allowed the written statement to be taken on record after the expiry of 90 days from the date of service of summons, without recording any sufficient cause for the delay. The High Court held that the discretion under Order 8 Rule 1 must be exercised judicially and not arbitrarily, and that the defendant must show sufficient cause for the delay. Since no such cause was shown, the order was quashed and set aside. (Paras 5-10) B) Constitutional Law - Article 227 of the Constitution of India - Power of Superintendence - The High Court, in exercise of its supervisory jurisdiction under Article 227, can interfere with an order of a subordinate court if it suffers from a patent error of law or jurisdiction. The impugned order was found to be without jurisdiction as it violated the mandatory provisions of Order 8 Rule 1 CPC. (Paras 11-13) C) Civil Procedure - Order 8 Rule 1 CPC - Sufficient Cause - The term 'sufficient cause' under Order 8 Rule 1 requires the defendant to explain each day of delay. In the present case, the defendant merely stated that the delay was due to administrative reasons, which was held to be insufficient. The court emphasized that the right of the plaintiff to a speedy trial cannot be defeated by a belated written statement. (Paras 7-9)
Issue of Consideration
Whether the trial court erred in allowing the written statement to be taken on record beyond the statutory period of 90 days under Order 8 Rule 1 of the Code of Civil Procedure, 1908, without sufficient cause being shown by the defendant.
Final Decision
The High Court allowed the petition, quashed and set aside the impugned order dated 9/2/2017 passed by the Additional Senior Civil Judge (Rural), Ahmedabad in Regular Civil Suit No. 294/2010 below Exh. 51, and directed the trial court to proceed with the suit without taking the belated written statement on record.
Law Points
- Order 8 Rule 1 CPC is directory but not absolute
- discretion to condone delay must be exercised judicially
- Article 227 power of superintendence includes correction of jurisdictional errors
- written statement filed beyond 90 days without sufficient cause cannot be taken on record
