CPC – Order VII Rule 11 application period does not extend period for filing WS
On 18.8.2022, the summons was served on the defendant. On 17.9.2022, the period of 30 days to file written statement had expired. The extension of time to file WS was initially granted.
Instead of filing WS, the defendant, however, on 3.11.2022, filed application under Order VII Rule 11 of CPC for rejection of the plaint. The said application was rejected on 9.2.2023.
Thereafter, on 3.3.2023, the written statement was filed after 160 days with the application for condonation of delay mainly on the ground that since the application for rejection of plaint was pending, the WS was not filed.
The application for donation of delay was rejected on 11.12.2023. This was challenged in the writ petition.
HELD that the CPC nowhere provides that filing and pendency of a miscellaneous application, the time to file WS is extended or excluded. There is no provision in the CPC or any pronouncement of the Court for exclusion of period of pendency of application under Order VII Rule 11 of the CPC. The WS is to be filed in 30 days from the date of receipt of suit summons. The proviso to Order VIII Rule 1 CPC shows that the said period can be extended upto 90 days for reasons to be recorded in writing. However, after expiry of initial extension of time to file WS, neither WS was filed on the next date nor application further extension of time was filed. Though Order VII Rule 1 of CPC is not mandatory, still the discretion is to be exercised on sufficient grounds for extension of time. The writ petition is dismissed.
