Provisions of Order 8 Rule 1 CPC are directory and are not mandatory

Court :
Punjab & Haryana High Court

Brief :
Non-filing of the written statement within stipulated period of time- applicability of provision of Order 8 Rule 1 Civil Procedure Code- Whether Defendant-petitioner can file written statement before the learned Trial Court?

Citation :
Sakshi Sehgal Vs. State Bank of India (Decided on 29.10.2010) MANU/PH/2204/2010

Held, by keeping in mind , the golden rule that provision of Order 8 Rule 1 C.P.C. are not mandatory rather directory in nature and on sufficient cause being shown, Defendant can be permitted to file written statement after expiry of 90 days the court allowed Defendant- petitioner to file written statement before the learned Trial Court on or before 30.11.2010 with advance copy to the Plaintiff. Defendant - Petitioner herein had to pay Rs. 5,000/- as costs to the Plaintiff. It was made clear that no further time would be granted to Defendant in the event of non-filing of the written statement.


raj kumar makkad
on 24 November 2010
Published in Civil Law
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