On 6th Aug’2020 the High Court in the case of Sh. Gautam Gambhir v. M/S JAI AMBAY TRADERS & ORS and SH. RAM SARUP LUGANI & ANR. v. Nirmal Laguani and Ors comprising of Justice V. Kameswar Rao held that the outer limit to file written statement in all suits filed on the original side is 120 days and has held that the provisions of Delhi High Court Rules are mandatory and therefore the same shall prevail over the provisions of Order VIII Rule 1 CPC.
Factual background
The suit has been filed by the plaintiff against the defendants for recovery of Rs.2,98,70,000/-. Summons were issued to the defendants. It appears that the plaintiff has filed an application for placing on record an amended memo of parties and the said application was listed before the learned Joint Registrar. Advocate appeared for the defendants and sought time to file vakalatnama. The learned Joint Registrar has also directed filing of the written statement within the statutory period with a direction to supply advance copy to the plaintiff and adjourned the matter. Mr.Bamniyal stated that he appears for defendant Nos. 1, 2, 3 and 6 only and does not represent defendant Nos.4 and 5. He sought more time for filing the written statement as per law. Accordingly, fresh notices were issued to defendant Nos.4 and 5. On October 30, 2018, no written statement was filed by the defendant Nos.1, 2, 3 and 6.
The learned Joint Registrar noting the fact that the prescribed period for filing the written statement has already expired had observed that law shall take its own course.
Defendants Submissions
Defendant submits before the court that the filing of the written statement on behalf of defendant Nos. 2, 3 and 6 there is a delay of 131 days as they were served a summons on July 10, 2018, and that there is a delay of 15 days in filing the written statement on behalf of defendant no.4 as summons were served only on November 4, 2018.
It is their submission that in terms Rules of 2018 the limitation period of 120 days prescribed for filing of the written statement in an ordinary suit is not mandatory, but the court on showing a sufficient cause can condone the delay
Plaintiff Submissions
Plaintiff submits that the delay beyond 120 days in filing the written statement cannot be condoned by this Court in view of Rule 4 of Chapter-VII of the Rules of 2018 which clearly provides that in case, a written statement is not filed within 30 days, the period for filing the same can be extended for a further period not exceeding 90 days, but not thereafter.
Plaintiff further submits that therefore, prescribing the maximum period of 120 days for filing the written statement is with a purpose. He stated that there is a difference in the Rules of 2018.
He stated that “According to him, the question which arises for consideration is whether, for the purposes of condonation of delay in filing the written statement, the CPC shall prevail over the Rules of 2018.”
High Court Findings and Contentions
The High Court in its finding stated that the:
- On an interpretation of Rule 4 of Chapter VII of the Rules of 2018 concluded that filing of the written statement within a period of 120 days is mandatory, it must follow that the period of 45 days in Rule 5 of Chapter-VII is also mandatory in nature.
- Otherwise, it follows the time limit for filing a written statement is mandatory but not for replication; in fact without any time limit.
- It cannot be the intention of the Rulemaking authority. The lessor period for replication is prescribed knowing well, that the same has to be filed by the plaintiff/claimant, who has already taken a stand in the plaint and the purpose of the replication is only to clarify/answer, such averments in the written statement which are at variance with the stand in the plaint.
- This plea is clearly an afterthought as during one of the hearings before the learned Joint Registrar time was sought by the plaintiff for filing the replication. Even a prayer in this Chamber Appeal is for condoning the delay in filing the replication and taking the same on record. Suffice would it be to state that the said submission made is contrary to the prayer made in this Chamber Appeal.
Further, the High Court held that the outer limit to file written statement in all suits filed on the original side is 120 days and has held that the provisions of Delhi High Court Rules are mandatory and therefore the same shall prevail over the provisions of Order VIII rule 1 CPC and the Ld. Joint Registrar has rightly closed the right of the plaintiff/appellant (in OA 122/2019) to file the replication. Accordingly, the Chamber Appeal is dismissed.
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