JUNE 18, 2023

As per Order 8 Rule 1 of the Code of Civil Procedure, written statement is required to be filed by the defendant within 30 days of service of summons. However, the defendant may file the written statement even after the expiry of 30 days but within 120 days of the service of summons with the permission of the court. Beyond 120 days, the defendant can file the written statement only with the leave of the court.

Regarding the scope of filing written statement beyond 120 days in regular suits and commercial suits, it is important to note that the power of the court to grant leave for filing the written statement is discretionary and the court may impose such terms as it deems fit in such circumstances. However, in commercial suits, the court has to be more vigilant in granting leave as the delay caused may have a bearing on the commercial interests of the parties involved. Therefore, the court may demand a satisfactory explanation from the defendant for the delay in filing the written statement and such explanation may be considered while deciding whether to grant leave or not.

In conclusion, while filing a written statement beyond 120 days in regular suits and commercial suits, it is important to seek leave of the court and provide a satisfactory explanation for the delay. The scope of filing such written statements will be at the discretion of the court and may depend on various factors including the nature of the suit, the degree of delay and the explanation provided.