A written statement is a formal response filed by a person to address the claims made in a suit against him. It is the first step through which a person against whom a suit has been filed present his defence either by denying the allegations set forth in the suit or by admitting them. The timelines for filing a written statement are prescribed by procedural rules set forth under various statutes and legal frameworks.

Timeline for Filing Written Statement In Ordinary Civil/Non-Commercial Suit Filed Before District Court

Timeline provided in Code of Civil Procedure, 1908 for filing Written Statement by Defendant is 30 days from the date of service of summons upon him. However, if he fails to do so, the court may, at its discretion, extend the time for filing the written statement up to a maximum of 90 days from the date of service of summons.

The Apex Court in its various judgments has clarified that the said time frame for filing written statement in non-commercial suit is not mandatory rather directory in nature, providing discretion to Courts to condone the delay in filing the written statement, provided that sufficient cause is shown for such delay.

That Hon’ble High Court of Delhi in it’s judgment dated 26.02.2024 titled as “RAHUL GUPTA Versus ANIL KUMAR” condoned the delay in filing the Written Statement, by stating as follows:

“…Needless to say, the delay of 92 days in not filing the written statement has been well explained by petitioner. Thus, in view of the above, the written statement shall form part of the record. However, the petitioner is required to compensate the respondent for delay caused in the proceedings of the case….”

The Hon’ble Apex Court in its order dated 09.05.2022 in the matter titled as “BHARAT KALRA Vs. RAJ KISHAN CHABRA” upheld that the time limit for filing the written statement is not mandatory and the delay in filing of the written statement could very well be compensated with costs but denying the benefit of filing of the written statement is unreasonable.

The Hon’ble Supreme Court of India in its judgment dated 20.01.2020 titled as “DESH RAJ Vs. BALKISHAN (D) THROUGH PROPOSED LR MS. ROHINI” discussed whether the period of 90 days for filing the written statement is mandatory or directory and held as follows:

“….As regard the timeline for filing of written statement in a non commercial dispute, the observations of this Court in a catena of decisions, most recently in Atcom Technologies Ltd. v. Y.A. Chunawala and Co., holds the field. Unamended Order VIII Rule I, CPC continues to be directory and does not do away with the inherent discretion of Courts to condone certain delays.” (Para 14)

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Timeline for Filing Written Statement In Commercial Suit

The Commercial Courts Act aims to expedite the resolution of commercial disputes by prescribing a stringent timeline for filing written statements, limiting it to 120 days from the date of service of summons. While the normal period for filing a written statement in answer to the commercial suit would expire 30 days from the date of service of summons, the court may extend this period by an additional 90 days, making the total permissible timeframe 120 days from the date of service of summons. Beyond this statutory period of 120 days, the defendant’s right to file the written statement is forfeited, and no further extension or condonation of delay is permitted.

The Hon’ble High Court of Delhi in its judgment dated 20.02.2024 titled as “SARA ABODE PVT LTD Vs. NATH BROTHERS EXIM INTERNATIONAL LTD” dismissed the petitioner’s appeal seeking condonation of delay in filing the written statement. The Court held that the petitioner could not be granted any relief beyond the statutory maximum period of 120 days, as prescribed under the Commercial Courts Act, 2015.

Timeline for Filing Written Statement In Ordinary Civil Suit Filed Before the Hon’ble Delhi High Court

The Delhi High Court (Original Side) Rules, 2018 mandates a strict timeline of 120 days for filing of written statement, even in non-commercial matters. It is important to mention here that Delhi High Court (Original Side) Rules, 2018, by virtue of Rules 3 and 4 of Chapter 1, are exclusively applicable to proceedings before the Hon’ble Delhi High Court on its original side. The provisions of the said Rules have no bearing or applicability on the exercise of original jurisdiction of the District Court.

While judges in District Courts retain the discretion to condone delays in filing a written statement under the Code of Civil Procedure, 1908, such discretion is not applicable to cases filed on the original side of the Delhi High Court as such suits are governed by Delhi High Court Rules.

The Hon’ble High Court of Delhi in its judgment dated 23.08.2024 titled as “MANHAR SABHARWAL Vs. HIGH COURT OF DELHI & ORS.” dealt with the constitutionality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018 (“DHC Original Side Rules”), which mandates a strict timeline of 120 days for filing of written statement even in non-commercial matters, by holding as follows:

“ ….. Therefore, Rule 4 Chapter VII of DHC Original Side Rules cannot be challenged on the ground of being contrary to the aforesaid judgment, which was delivered in the context of Order VIII Rule 1 CPC. The amended provisions of Order VIII Rule 1 CPC, would not apply to the suits on the Original Side of the High Court, and such suits would continue to be governed by the High Court Original Side Rules.”

Conclusion

While the Code of Civil Procedure, 1908, allows Courts discretionary power to extend timeframe for filing Written statement in non-commercial matters, stricter frameworks apply to commercial cases under the Commercial Courts Act and to suits filed on the original side of the Delhi High Court.