Extension beyond 90 days should be exceptional: Last Opportunity for Written Statement Filing: P&H HC

In a significant judgment, the High Court of Punjab and Haryana, presided over by Hon’ble Mr. Justice Namit Kumar, has granted a final opportunity to the petitioners in CR No.7117 of 2023, Gurvail Singh and another vs Gurwinder Singh and others, to file their written statement. This ruling comes as a relief to the petitioners whose defense was previously struck off due to the non-filing of a written statement within the prescribed 90-day period.

The Court's decision, delivered on November 28, 2023, has been pivotal in interpreting the procedural mandates of the Code of Civil Procedure (CPC), specifically Order 8, Rule 1. Justice Kumar, in his observation, emphasized the balance between procedural law and the dispensation of justice, stating, “The provisions of Order 8, Rule 1 of CPC, though directory, should ordinarily be adhered to.” This highlights the Court’s stance on maintaining the integrity of legal procedures while ensuring fairness.

The judgment has been a topic of much discussion among legal circles for its nuanced approach towards procedural defaults. The Court noted, “Extension beyond 90 days should be exceptional and for reasons recorded in writing.” This statement underlines the need for strict adherence to timelines in legal proceedings, while also acknowledging the possibility of exceptions in extraordinary circumstances.

The petitioners were represented by Mr. Kanwar Pahul Singh, Advocate, who argued that the delay in filing the written statement was neither intentional nor deliberate. Acknowledging this, the Court has allowed the petitioners a final chance to submit their statement, subject to a cost penalty, thereby preventing what could have been a significant procedural injustice.

This ruling is seen as a reinforcement of the principles laid down by the Supreme Court in various precedents, where the procedural laws are considered directory but necessitate compliance to ensure swift and efficient judicial processes.

Date of Decision: 28th November 2023

GURVAIL SINGH AND ANOTHER VS GURWINDER SINGH AND OTHERS