Order VIII Rule 1 CPC | Court Can Grant One Final Opportunity To File Written Statement To Subserve Interests Of Justice: Punjab & Haryana High Court

"Considering the aforesaid aspect and in the interest of justice, it would be appropriate, in the given circumstances, to grant one opportunity to the petitioner to file his written statement." Punjab & Haryana High Court, in a civil revision petition decided on September 18, 2026, held that procedural rigour regarding the timeline for filing a written statement under the Code of Civil Procedure (CPC) must be balanced with the interest of justice to ensure a fair trial.

A bench of Justice Sanjiv Berry observed that where the delay is not intentional and the suit is at an initial stage, the court retains the discretion to allow a defendant to file a written statement, provided the opposite party is adequately compensated by costs.

The petitioner-defendant was involved in a suit for declaration and permanent injunction filed by the respondent-plaintiff. Following the petitioner’s failure to file a written statement within the prescribed period, the trial court passed an order on March 16, 2026, striking off the petitioner's defence. A subsequent application for recall of this order was dismissed by the trial court on August 11, 2026, prompting the current revision petition before the High Court.

The primary question before the court was whether the trial court’s refusal to allow the filing of a written statement despite the defendant's request was legally sustainable. The court also examined whether procedural non-compliance in filing pleadings can be condoned by the exercise of inherent powers under Article 227 of the Constitution of India when the litigation is still in its nascent stage.

The High Court noted the counsel's submission that the failure to file the written statement was not an act of wilful negligence, but rather the result of unforeseen personal exigencies. The court emphasized that the purpose of civil procedure is to facilitate the adjudication of disputes on merits rather than stifling them through technical defaults.

Procedural Flexibility in Civil Suits

The court underscored that when a suit has not yet progressed to the stage of evidence, the ends of justice are best served by permitting the parties to place their respective stands on record. By allowing the written statement to be filed, the court ensures that the adjudicatory process remains comprehensive and transparent.

Balancing Equities via Costs

The High Court held that any prejudice caused to the plaintiff by the delay in filing the written statement can be sufficiently mitigated through the imposition of costs. This approach avoids the harsh penalty of striking off a defence while compensating the opposing party for the inconvenience caused by the procedural lapse.

"No prejudice would be caused to the respondent-plaintiff, who can be adequately compensated by payment of costs."

Setting Aside Impugned Orders

Consequently, the court set aside the orders dated March 16, 2026, and August 11, 2026. The petitioner was granted a final opportunity to file the written statement before the trial court on the next scheduled date, subject to the payment of costs amounting to ₹10,000 to the respondent. The order was passed ex-parte regarding the respondent, with the liberty granted to the respondent to approach the court if aggrieved.

Date of Decision: 18 September 2026