Karnani Properties Limited vs Rajesh Narayan
2026 Latest Caselaw 2209 Cal/2

Calcutta High Court

Karnani Properties Limited vs Rajesh Narayan on 23 March, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-5
                                                                  ORDER SHEET


                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION



                                IA No. GA/1/2026
                                        In
                                CS No. 70 of 2025

                        KARNANI PROPERTIES LIMITED
                                  VERSUS
                             RAJESH NARAYAN



BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 23rd March, 2026.

Appearance:

Mr. Neelesh Choudhury, Adv.

Ms. Anuradha Poddar, Adv.

Mr. Arik Banerjee, Adv.

Mr. S. K. Mohiuddin, Adv.

The Court:- In a suit for eviction filed in respect of a residential flat/unit

bearing No. 234 at the second floor of premises No. 25A, Park Street, Kolkata

700016 (hereinafter referred to as the demise premises), the sole defendant has

taken out an application for extension of time to file the written statement. The

plaintiff objects to the prayer of the defendant mainly on the ground that 120

days have surpassed from the receipt of the writ of summons.

The writ of summons was served on 31st July, 2025.

Under the amended provisions of the Code of Civil Procedure, 1908 (in

short, `CPC'), the time to file the written statement is 30 days from the date of

receipt of the writ of summons, within such time as the Department has

indicated in the writ of summons. There is no maximum limit or cut-off date in

respect of extending the time to file the written statement in case of a suit filed

in the Ordinary Original Civil Jurisdiction. The cap of 120 days applies to a

Commercial Suit filed under the provisions of Commercial Courts Act, 2015

(hereinafter referred to as the 2015 Act.) as held in the case of SCG Contracts

India (P) Limited V. K.S. Chamankar Infrastructure (P) Limited reported in

2019 (12) SCC 210.

In a suit filed in the Ordinary Original Civil Jurisdiction if the Court is

satisfied then it has the authority to extend the time to file the written

statement even beyond 120 days.

In the instant case, the grounds for condoning the delay and extending

the time to file the written statement as contained in paragraphs 3 to 15

though may not exactly satisfy the grounds required to be shown as held in

2025 SCC Online SC 1969 (Shivamma (Dead) by Lrs. vs. Karnataka

Housing Board & Ors.) for condoning the delay but broadly satisfies the test

for which the defendant was prevented by sufficient cause from filing the

written statement.

Considering such fact and for the ends of justice, let the written

statement be filed within 31st March, 2026 subject to payment of costs

assessed at Rs.30,000/-, out of which Rs.15,000/- to be paid to the plaintiff

and the balance sum of Rs.15,000/- to be paid to the State Legal Services

Authority, West Bengal.

The written statement will be accepted only after ascertaining payment of

costs provided the same is in order and proper form and filed within the

extended period of time. A legible copy of the written statement along with

annexures thereto, if any, be served on the learned Advocate-on-Record for the

plaintiff immediately after being filed.

The application being IA No. GA/1/2026 in CS No. 70 of 2025 is,

accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

snn.