relating to written statement to apply—
The rules relating to a written statement by a
defendant shall apply to a written statement filed in
answer ... filing written statement or extended date of filing
written statement, such counterclaim can be filed
even after filing the written statement. The said Civil
Order V Rule 1(1), Order VIII Rule 1 and Order VIII Rule 10,
concerning the time period within which written statement could be filed ... file
the written statement and the Court shall not allow the written
statement to be taken on record.”
20
Order VIII Rule 10
“10. Procedure
further time to file the
written statement which was allowed as a last chance and the
written statement was directed to be filed ... Court may at any time
require a written statement or additional written statement
from any of the parties and fix a time for presenting
file the written statement and the court shall not
allow the written statement to be taken on
record.”
Equally, in Order VIII Rule ... written statement and the Court shall not allow the written
statement to be taken on record. This is further buttressed by
the proviso in Order
written
statement or to expunge the written statement and to permit them to file a
detailed written statement. It was alleged that the written statement ... written statement filed by the defendant-appellants in
the suit. The written statement contains of only four paragraphs, which
are as under:-
“WRITTEN STATEMENT FILED
written statement has been provided but the consequences on failure to
file written statement within the said period have not been provided for in
Order ... wish to make it clear that the order extending time to file written statement
cannot be made in routine. The time can be extended only
Order V, rule 5). In either event, Order VIII, rule I
comes into play and if the defendant does not present a
written statement ... written statement unless he is allowed to do
so, and if the case is one in which the Court considers a
written statement should have
case of amendment of written statement,
the courts are inclined to be more liberal in allowing
amendment of the written statement than of plaint ... application for amendment of written statement is
allowed. The defendants/appellants are directed to file an
amended written statement within a period of one month
filing the
written statement simply because the time limit for filing the
written statement within the allowance permitted by the Proviso
to Order VIII Rule ... powerless to permit a written statement being filed if the court
may require such written statement. Under Rule 10, the court
need not necessarily pronounce
Order VIII Rule 1 is actually not meant to be
mandatory, but only directory. Order VIII Rule 10 mandates that
29
where written statement ... filing the written
statement”
From the above, it is clear that for commercial suits, time for
filing written statement provided under Order VIII Rule
