The Delhi High Court, in the case of GS Marbles v. Shree Granites [RFA(COMM) 83/2023 & CM Nos. 22970/2023, 22971/2023 & 22973/2023 dated July 15, 2025], held that the statutory bar on filing a written statement beyond the period of 120 days under Order VIII Rule 1 CPC is absolute and non-negotiable, and the Trial Court is precluded from taking such a written statement on record thereafter.
Facts:
GS Marbles (“the Appellant”) had approached the Shree Granites (“the Respondent”) for the supply of granite slabs, pursuant to which a Purchase Order dated June 15, 2018 was issued by the Respondent. The Respondent contended that the entire advance amount was paid to the Appellant, but the slabs were never supplied. A Demand Letter dated March 4,2021 was issued seeking refund, to which the Appellant’s proprietor Mr. Manoj Saini replied on March 23, 2021 denying receipt of funds and alleging that the firm M/s GS Marbles was created and controlled by Mr. Rajaram Agarwal to commit GST fraud, and that Mr. Saini was merely a namesake proprietor.
Before the Trial Court, the Appellant failed to file the written statement within 120 days of service of summons. On 11.07.2022, the Trial Court closed the right to file written statement and proceeded ex-parte. Although the ex-parte order was later set aside on September 23, 2022 under Order IX Rule 7 CPC, the Court refused to accept any written statement due to lapse of the 120-day period under the amended CPC. Subsequently, the Trial Court decreed the suit in favour of the Respondent under Order VIII Rule 10 CPC, relying on the documentary evidence and pleadings of the Plaintiff.
Issue:
Whether the Trial Court was justified in decreeing the suit in favour of the respondents under Order VIII Rule 10 CPC as the Appellant failed to file a written statement within 120 days?
Held:
The Hon’ble Delhi High Court in RFA(COMM) 83/2023 & CM Nos. 22970/2023, 22971/2023 & 22973/2023 held as under:
- Observed that, Order VIII Rule 1 and 10 CPC mandate an absolute bar on filing the written statement beyond 120 days from summons service, with no jurisdiction for extension.
- Noted that, failure to file the written statement does not relieve the plaintiff from the burden of proving its case, and the Court must ensure facts are proved before passing decree.
- Noted that, the Trial Court rightly examined the plaint and documentary evidence, including the signed purchase order and bank statements confirming receipt of advance by the Appellant’s firm.
- Held that, the Appellant’s defense based on alleged fraud was unsupported by any FIR or official record, and the cancellation of registration of the firm was not shown.
- Held that, in cases where the defendant fails to file the written statement and the plaintiff’s case is prima facie established without material facts requiring adjudication, the Court may proceed to grant decree under Order VIII Rule 10 CPC.
- Held that, the Trial Court’s exercise of discretion was appropriate and the impugned judgment is upheld.
Our Comments:
In the case of Atanu Bhattacharjee & Anr v. Corporation Bank [RFA 4/2020 & CM APPL. 129/2020], this Court held that one of the reasons given by the learned Trial Court was that since the appellants’ right to file written statement has been forfeited due to which they failed to defend the respondent’s claim, therefore, the suit was liable to be decreed in terms of Order VIII Rule 10 of the CPC. It was held that since the appellants failed to file their written statement after the lapse of 120 days, the view taken by the learned Trial Court was correct and the same was upheld by this Court.
This case also aligns with the various precedents that had upheld the trial court’s order passed even after forfeiting of the petitioner’s right to file Written statement, and that such limitations provided in the statutory provisions cannot be circumvented, superseded, or dispensed with through recourse to the Court’s inherent powers under Section 151 of the CPC.
Relevant Provisions:
ORDER VIII – Civil Procedure Code, 1908
“Written statement, set-off and counter-claim
Written Statement. — The Defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:
Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.
Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall not be later than one hundred twenty days from the date of service of summons and on expiry of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the written statement and the Court shall not allow the written statement to be taken on record.
Procedure when party fails to present written statement called for by Court. — Where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up…”
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