Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits

Period For Filing Of Written Statement Is Directory In Civil Suits; But Mandatory In Commercial Suits

[Case: Shoraj Singh v. Charan Singh; Citation: LL 2021 SC 573]

The Supreme Court observed that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure in civil suits is directory. The bench of Justices Hemant Gupta and V. Ramasubramanian held the provisions of Order VIII Rule 1 CPC are mandatory in the Commercial Courts under the Commercial Courts Act, 2015. "It may be stated herein that the provisions of Order 8 Rule of CPC are mandatory in the Commercial Courts under the Commercial Courts Act, 2015", the Supreme Court observed.