Maximum limit of 90 days for filing written statement as under Order VIII Rule 1 is directory and not mandatory: Gujarat HC

Maximum limit of 90 days for filing written statement as under Order VIII Rule 1 is directory and not mandatory: Gujarat HC

The Gujarat High Court ruled that the Maximum limit of 90 days for filing a written statement under Order VIII Rule 1 is directory and not mandatory.

Background 

The petition, under Article 227 of the Constitution of India, the petitioner original defendant has prayed for to issue a writ of certiorari or any other writ, order or direction, in the nature of writ of certiorari, by quashing and setting aside the order passed by the Additional Civil Judge, Bodeli in the application in Regular Civil Suit and the order passed by the Additional District Judge, Chhotaudepur and further be pleased to permit the filing of the written statement.

Arguments

Advocate AV Nair the trial of the suit is yet to be commenced and the suit is at the stage of deciding the Exh. 5 application only and in the circumstance, allowing to file the written statement per se would not affect the right of the plaintiff in any way. 

Decision

The single judge bench of Justice Ashokkumar C. Joshi noted that against the orders passed by two Courts, rejecting to open the right of the defendant to file the written statement in the pending suit, writ petition has been filed.

The court stated that the Court may, for the reasons to be recorded in writing, and on payment of such costs as the Court deems fit, allow the defendant to file the written statement on such other day, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record. 

The court set aside the order passed by the Additional Civil Judge, Bodeli in the application Exh. 18 in Regular Civil Suit and the order passed by the Additional District Judge, Chhotaudepur. 

The court further permitted the petitioner to file the written statement within a period of 15 days and subject to payment of cost of Rs.10,000/-, which should be deposited before the trial Court concerned within 10 days and ordered the trial Court concerned to permit the original plaintiff to withdraw the same, on due verification and following due procedure.

Case title: Rajendrabhai Maganbhai Koli v/s Shantaben Maganbhai Koli

Citation: R/SPECIAL CIVIL APPLICATION NO. 11625 of 2020 

Click here to read the Order/Judgment

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