Case Note & Summary
The dispute arose from a Commercial Suit No. 1 of 2026 pending before the trial Court, where the petitioner challenged an order regarding the filing of a written statement by the respondents. The petitioner contended that the respondents failed to file their written statement within the statutory limit of 120 days as prescribed under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC). The summons were served on the respondents on 03.02.2026, and the petitioner argued that the limitation period began from that date. However, the respondents claimed they did not receive a complete copy of the plaint until 13.03.2026, which was necessary for them to prepare their written statement. The respondents filed their written statement on 23.06.2026, which was within the 120-day limit counted from the date they received the plaint. The trial Court had allowed the respondents to file their written statement despite the expiration of the initial 120-day period, citing the lack of proper service of the plaint. The petitioner argued that the trial Court's order was cryptic and lacked reasoning. The respondents countered that they had diligently appeared in court and sought extensions due to procedural delays. The High Court analyzed the legal provisions and precedents, concluding that the limitation period for filing the written statement should be counted from the date the respondents received the plaint. The court emphasized that valid service of summons must include the plaint and its documents to trigger the limitation period. Ultimately, the High Court dismissed the writ petition, affirming the trial Court's decision to allow the written statement to be filed within the extended period.
Headnote
A) Civil Procedure - Written Statement Filing - Limitation Period - Code of Civil Procedure, 1908, Order VIII Rule 1 - The court held that the limitation for filing the written statement commenced from the date the respondents received the copy of the plaint, not from the date of service of summons. Since the respondents filed their written statement within the extended period, the trial court's order rejecting the petitioner's application for 'No WS' was upheld (Paras 20-21).
Issue of Consideration
Whether the respondents forfeited their right to file a written statement due to late submission beyond the statutory limit.
Final Decision
The High Court dismissed the writ petition, affirming the trial Court's order allowing the respondents to file their written statement within the extended period, as the limitation period commenced from the date they received the plaint.
Law Points
- Order VIII Rule 1 CPC
- service of summons
- limitation for filing written statement
- forfeiture of right to file written statement
- commercial disputes
