Time limit for written statement

1. It is 90 days and is directory.

2. Ref.: Salem Advocate Bar Association, Tamil Nadu Vs. Union of India [2005 (5) SCJ 519: 2005 AIR (SC) 3353; 2005 AIR (SCW) 3827]

3. Reasoning:

"Order VIII Rule 1 - Written Statement - Limitation - Provision of Order VIII Rule 1 providing for upper limit of 90 days to file written statement is directory - The rules or procedure are handmaid of justice and not its mistress. In the present context, the strict interpretation would defeat justice - The effect would be that under Rule 10 of Order VIII, the court in its discretion would have power to allow the defendant to file written statement even after expiry of period of 90 days provided in Order VIII Rule 1. There is no restriction in Order VIII Rule 10 that after expiry of ninety days, further time cannot be granted. The Court his wide power to 'make such order in relation to the suit as it thinks fit'. Clearly, therefore, the provision of Order VIII Rule 1 providing for upper limit of 90 days to file written statement is directory - Order extending time to file written statement cannot be made in routine. The time can be extended only in exceptionally hard cases. While extending time, it has to be borne in mind that the legislature has fixed the upper time limit of 90 days. The discretion of the Court to extend the time shall not be so frequently and routinely exercised so as to nullify the period fixed by Order VIII Rule 1"
4. Hence wait for counseling to be finally over and file sent back to concerned Court and next date of hearing given by Court appointed Counselor fixed.