file written
statements. It is submitted that a replication is nothing but an
'additional written statement' as referred to in Order VIII
Rule ... Rules of 2018.
"
ORDER VIII
WRITTEN STATEMENT, SET-OFF AND COUNTER-
CLAIM
1. Written Statement- The defendant shall,
within thirty days from the date
filing of the written statement for all
intent and purpose. A defendant who does not file a written
statement, does not forego the right ... Rule 90 : Judgment for want of
written statement. Application for
judgment for want of Written Statement
shall be made by Notice of Motion
written statement, when compared
with the original written statement, and found that the additional written
statement was not inconsistent with the earlier written statement ... written statement. Whether such a written statement
is in addition to the written statement filed by the original defendant or
whether it is a written
written statement and the court
shall not allow the written statement to be taken on
record."
8. With the amendment of Order VIII ... defendants, time to file the
written statement starts ticking, the defendant is obliged to file the
written statement within thirty days and in case
22495/2015
3
in filing the written statement and received the written
statement.
4. By the order dated 07.09.2015, the trial
Court dismissed ... file written
statement, he did not file the written statement up to
09.09.2014. On 09.09.2014, the trial Court recorded
that the written statement of defendant
were directed to file
written statement. But also admittedly, the written statement was filed within 90
days of the said order dated 27.08.2015. That being ... through written statement.
Therefore, failure to file written statement within 30 days of service of summons
under bona fide impression that the written statement
held that in the commercial suit, time for filing
written statement provided under Order VIII Rule 1 CPC is meant to
be mandatory ... issue that 90 days' time
prescribed for filing of written statement under Order VIII Rule 1 CPC
is directory and not mandatory in nature
application
for extension of time to file written statement cannot be allowed. The time to
file written statement can be allowed on judicial recognized principles ... entitled
to one opportunity to file written statement in the suit. The defendant no. 2
will file written statement within seven days from date
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
granted the appellant 30
days to file his written statement. On 17.07.2017, noting that no written
statement had been filed till then, the Court granted ... written statement. On 18.09.2017, the
Court observed that despite the last opportunity having been accorded
more than two months ago, no written statement had been
