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Time period for filing written statement is directory and not mandatory

In Dukhi Mirdha v. Ramdas Mirdha, the main issue before the Jharkhand High Court was whether the period of filing written statement can be extended beyond the time period which is prescribed under Order VIII Rule 1 of the Civil Procedure Code, 1908.
The petitioners application seeking extension had been rejected by the trial court.

The High Court observed that as per the judgment passed by the Supreme Court in the case of Rani Kusum v. Kanchan Devi, the parties to a dispute are bound by the time frame provided under Order-VIII Rule 1 for filing written statement, however the Court is not bound by the same. The Court further cited the case of Kailash v. Nanhku, and held that the provision under O.VIII R-1 is merely directory in nature and the Court can, in appropriate cases extend the time frame provided under this provision. It further held that the dispute revolved around a property admeasuring 22 acres and hence the petitioner had substantial interest in it. Further, the petitioner had provided sufficient reasons in his application seeking extension of time but without giving due consideration to those reasons, the trial court had rejected his application. The Court set aside the order of the trial judge and ordered that the written statement of the petitioner shall be taken on record.

 Article referred: https://blog.scconline.com/post/2018/10/04/time-period-under-order-viii-rule-1-cpc-for-filing-written-statement-is-directory-and-not-mandatory-in-nature/

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