On December 21, 2022, the Punjab and Haryana High Court, while allowing the petitioners to file their written statement observed that the proviso of Order 8 Rule 1 in the case of non-commercial suits was directory in nature and not mandatory.
Brief Facts:
The review petition was filed by the petitioner under Article 227 of the Constitution of India, challenging the order dated 13.08.2020 whereby the defence of the petitioners was struck off for not filing the written statement in a non-commercial suit.
Contentions of the Petitioner:
The counsel for the petitioner submitted that the petitioners were put in an appearance on 10.07.2020 for the first time and on 13.08.2020 their defence was struck off. The counsel contended that during the said period various restrictions were in place due to the Pandemic Covid-19 and further proviso of Order 8 Rule 1 of the Code of Civil Procedure, 1908 provided a period of 90 days for filing of the written statement which had also further been held to be directory in nature and not mandatory.
Contentions of the Respondent:
The counsel representing respondent no. 1 submitted that the written statement was not filed by the petitioners and hence the order had correctly been passed.
Observations of the Court:
The Hon’ble court observed that the impugned order had been passed within a period of 33 days of the defendants being put in an appearance. The court while referring to the judgments of the cases, Desh Raj vs. Balkishan (D) through proposed LR Ms. Rohini, Bharat Kalra Vs. Raj Kishan Chabra, and Kailash V. Nankhu & Ors. added that the provision of Order 8 Rule 1 of CPC was not mandatory and the proviso of Order 8 Rule 1 in the case of non-commercial suits, was directory in nature and not mandatory.
The court further observed that in the present case even the period of 90 days had not lapsed. Hence, the defendants (Petitioners herein) were permitted to file their written statement on the next date of hearing before the Trial Court.
The Decision of the Court:
The impugned order dated 13.08.2020 was declared unsustainable and the same was set aside. Hence, allowing the petitioners to file their written statements.
Case Title: Balbir Singh and Others Vs. Surinder Kaur and Others
Coram: Hon’ble Mrs. Justice Alka Sarin
Case No.- CR-2696-2022 (O&M)
Advocate for Petitioner: Mr. Rahul Arora and Mr. Nitish Garg
Advocate for Respondent No. 1: Mr. Prashant Bansal
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