SHORAJ SINGH VS. CHARAN SINGH, 2021 SC
Delivered by: Justices Hemant Gupta and V. Ramasubramanian
Subject: Order VIII Rule 1 CPC - Period for filing of written statement
Held:
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 but it is mandatory in the Commercial Courts under the Commercial Courts Act, 2015.
With respect to Directory:
The Supreme Court set aside the order passed by the High Court (Order Passed by HC): wherein it did not condone the delay in filing written statement by reason of “mistake” of defendant and further stated 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.
Supreme Court Held:
"We find that the High Court has completely misdirected itself not to take written statement on record inview 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."
