Order 8 Rule 1 CPC

Описание: Hello Viewers,
In this video i have explained Order 8 Rule 1 CPC 1908 with recent Supreme Court Judgement decided on 08.10.2021.
"Whether the time limit to file a written Statement under Order 8 Rule 1 CPC 1908 is mandatory or directory".
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SHORAJ SINGH
VERSUS
CHARAN SINGH
DECIDED ON 8th OCTOBER, 2021
A suit for specific performance was instituted by the plaintiff respondent against the petitioner on 24. 12. 2015. On the same date, summons were issued to the petitioner fixing 29. 1. 2016 for filing of written statement and 29. 2. 2016 for settlement of issues. The petitioner entered appearance through counsel on 11. 7. 2016. He filed written statement on 22. 11. 2016 i. e. after a lapse of more than four months from the date he entered appearance in the suit. Although the written statement was filed beyond the time stipulated under Order 8, Rule 1, CPC, but the petitioner did not file any application disclosing reason for not being able to file written statement within time.
The plaintiff objected to the filing of the written statement by filing application paper No. 38Ga. After a lapse of about eight months, the petitioner filed an application paper No. 42Ga dated 31. 7. 2017 for condoning the delay. The only reason disclosed in the said application for not being able to file written statement within stipulated time is on account of mistake and oversight. The trial Court by impugned order dated 4. 1. 2018 has rejected the said application holding that the petitioner has failed to disclose any satisfactory reason much less any compelling reason for not being able to file written statement within time.
The High Court upheld the said Trial Court order observing that the ground of 'mistake' cannot be said to be a compelling circumstance beyond the control of the petitioner, so as to condone delay in filing the written statement.
The Supreme Court has observed that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure in civil suits is directory.
"It may be stated herein that the provisions of Order 8 Rule of CPC are mandatory in the Commercial Courts under the Commercial Courts Act, 2015", the Supreme Court observed in the judgment.
"We find that the High Court has completely misdirected itself not to take written statement on record in view of the judgments of this Court in ''Kailash Vs. Nanhku & Ors.', reported in (2005) 4 SCC 480 and 'Salem Advocate Bar Association, Tamil Nadu Vs. Union of India', reported in (2005) 6 SCC 344 wherein it was held that the period of 90 days for filing of written statement is directory.",the bench of Justices Hemant Gupta and V. Ramasubramanian observed while allowing the appeal.

In view of the said fact, the order passed by the High Court
is set aside.
Consequently, the appeal is allowed and the matter is remitted
back to the trial Court to decide the suit on merits after taking
into consideration the written statement already filed by the
defendant-appellant as early as possible.
Kindly ignore the editing mistakes or any wrong interpretation if any found as the purpose of this video to only provide the knowledge.
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   • Civil law