The Karnataka High Court has sought the State’s response to a writ petition questioning the constitutional validity of the Karnataka Amendment to Order VIII Rule 1 of the Code of Civil Procedure, which bars defendants from filing a written statement after 120 days from service of summons. Justice Ashok S. Kinagi at the Dharwad Bench issued notice to the State Government and granted two weeks to file objections, signalling judicial scrutiny of a rule that could significantly affect a defendant’s right to contest civil suits.
The challenge targets Section 4 of the Code of Civil Procedure (Karnataka Amendment) Act, 2024, which imposes a rigid 120-day deadline for submitting a written statement and removes the court’s discretion to extend time beyond that period. The petitioners argue that the amendment effectively strips defendants of the opportunity to present their defence once the deadline expires, even in exceptional circumstances.
The dispute originates from a civil suit concerning alleged land encroachment in Belagavi district, where the trial court refused to accept a written statement filed after the statutory limit, citing the amended provision. According to the petitioners, the strict bar is arbitrary and discriminatory, especially when plaintiffs are governed by broader limitation periods to institute suits.
While issuing notice, the High Court noted that the sweeping restriction on filing a written statement after 120 days requires closer examination. The petitioners relied on precedent emphasising that procedural laws should not undermine a party’s ability to defend itself, citing the Supreme Court’s view that “no party should ordinarily be denied the opportunity of participating in the process of justice dispensation.”
Taking note of these concerns, the Court directed the State to file its objections within two weeks, keeping the constitutional challenge to the amendment under consideration.
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