Where Defendant fails to file a written statement

Time limit for filing written statement  is dealt with specifically under order 8 CPC . While invoking  the jurisdiction of the Court under Order8  Rule 10  where  defendant fails time limit for filing written statement within the prescribed time  in response to a suit  . In such cases the court calls upon the plaintiff  to file its affidavit in evidence . Reliance is placed upon two Judgments of the Hon’ble Supreme Court wherein in the case of  Balraj Taneja and Anr. vs. Sunil Madan and Anr (Civil Appeal No. 4968 of 1999, decided on 08.09.1999,the Hon’ble Court while deciding the matter has dealt with the provisions of  Order 8  Rule 5 and Order 8  Rule 10 of the CPC.  It has also held that  the Court can proceed to decree a suit on the basis of the averments contained in a plaint. It has also been seen that the word  “shall” appearing in  Order 8 Rule 10 of the CPC empowers  the Court to “make such order in relation to the suit as it thinks fit”.

In C.N.Ramappa Gowda vs C.C.Chaqndergowda (D) By Lrs.& … on 23 April, 2012 ,the Hon’ble Supreme court  , before  going ahead and proceeding to decree the suit under Order 8 Rule 10, has laid emphasis on filing an  affidavit-in-evidence.

Time Limit for filing written statement in Commercial Cases

In  commercial cases , as held in Sudhir Kumar @ S. Baliyan vs Vinay Kumar G. B on 2 March, 2021 the right to file the written statement by the defendant shall, therefore, stands expired or forfeited on the expiry of 120 days from the date of service of summons.

Important Judgments on time limit for filing written statement

C.N.Ramappa Gowda vs C.C.Chaqndergowda (D) By Lrs.& … on 23 April, 2012
Balraj Taneja and Anr. vs. Sunil Madan and Anr (Civil Appeal No. 4968 of 1999, decided on 08.09.1999Sudhir Kumar @ S. Baliyan vs Vinay Kumar G. B on 2 March, 2021  (Delhi High Court)

Conclusion

The maximum prescribed time limit for filing written statement  is 120 days from the date of service of notice.Order 8 rule 1 CPC  is clear that once a notice  is issued, it is usually 30 days time for filing a written statement keeping in mind that the defendant has received the notice. In case the defendant has not filed  a written statement the same may be extended up to 90 days  with reasons recorded  for such  extension by the court

For more information kindly click here

In case you need to talk to our expert kindly call at 9873628941 , Tapan Choudhury, Advocate