Order VII Rule 1 CPC | Time Limit To File Written Statement Not Applicable For Filing Reply To Amended Plaint: Delhi High Court

Order VIII, Rule 1 CPC mandates that a defendant must file a written statement within 30 days of being served with the summons. The court can however allow the statement to be filed within 90 days, but for reasons recorded in writing.

Justice Manoj Jain observed, “The stipulation given in proviso to Order 8 Rule 1 CP is for calculating the period within which a written statement is to be filed…However, once, the service is complete and defendant puts in appearance as well and if subsequent thereto, there is any amendment in the plaint, though, the Court can give some kind of time-frame to the defendant to file written statement to such amended plaint, for the purposes of striking of defence, the Court cannot, ipso facto, rely on the abovesaid provision.”

The observation was made in relation to a commercial suit where the defendants (Petitioners herein) were duly served with the summons of the suit however, after their appearance, the plaintiff (Respondent herein) moved an application under Order VI Rule 17 seeking amendment in the plaint.

The application was allowed and the amendment was directed to be taken on record. The Defendants were accordingly granted the opportunity to file a written statement to such amended plaint.

When the matter was taken up next, the Trial Court on noticing that no written statement had been filed, closed the defendants' right and struck off their defence.

Reversing this decision, the High Court pointed out that even the outer permissible limit of 120 days to file the written statement had not expired in this case.

While it agreed that the defendants should have also been extra-cautious and should have filed the written statement as quickly as possible, the Court directed the Commercial Court to take on record defendants' reply. Further, based on undertaking of the defendant, it directed payment of Rs. 25,000/- costs.

Appearance: Mr. Saquib Arab, Advocate for Petitioner; Ms. Teena Kataria, Advocate for Respondent

Case title: M/S A. G. Overseas Pvt Ltd & Ors. v. Chetan Dass

Citation: 2025 LiveLaw (Del) 547

Case no.: CM(M) 3260/2024

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