# rule 1 as also the object and purpose behind enacting same in the present form, the

- **Citation:** C. L. NO.34/
- **Court:** Allahabad High Court
- **Decided:** 2007-08-29
- **Case number:** C. L. NO.34/
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/rule-1-as-also-the-object-and-purpose-behind-enacting-same-in-the-present-form-163074
- **Pages:** 1

## Text

129

Upon a careful consideration of the scope of power of the court regarding
extension of time for filling the Written statement in view of the provisions of Order VII
rule 1 as also the object and purpose behind enacting same in the present form, the
Hon`ble Court (Hon`ble Mr. Justice Anjani Kumar) has observed and held that the
provision has to be construed as directory and not mandatory. Ordinarily, the time
schedule prescribed by Order VII rule I has to be honoured but in exceptional situations
occasioned by reasons beyond the control of the defendant, the court may extend time for
filling the written statement though the period of 30 days or 90 days, referred to in the
provisions, has expired .The extension can be only by way of an exception and for
reasons assigned by the defendant and also recorded in writing by the court to its
satisfaction.
 While enclosing herewith a copy of judgment and order dated 19.5.2005 in
CMWP No.25816 of 2005-Manasoor Ali versus Court of In-charge District
Judge/Additional District Judge, Court No.1 Kanpur Nagar & ors. I am directed to
request you to kindly circulate the copy of the judgment to all the judicial officers under
your administrative control for guidance and following the law laid down by the Hon`ble
Supreme Court and this Hon`ble Court.
C. L. NO.34/ 2007 : Admin 'G' Dated 29th August, 2007.
On the above subject I am directed to inform you that to bring improvement in the
administration of Civil Justice System in the Chief Justices Conference -2007, it has been
resolved that the time frame relating to filing of written statements under Order VIII Rule
1 of C.P.C. be adhered to and only in exceptional cases the courts should permit filing of
written statement beyond the upper time limit of 90 days.
I am, therefore to request you to kindly bring the contents of the Circular Letter to
the notice of all the Judicial Officers working under you for strict compliance of the
directions of the Hon'ble Court.
C. L. No.70/2007Admin(G) : Dated :13.12.2007.

The Hon'ble Court has noticed that the Presiding officers of Subordinate Court are
not adhering to the provisions as laid down in Order VIII Rule 1 and are liberally granting
opportunities to the defendants to file written statements even beyond the prescribed time
limit which is resulting in procrastination of the trials in civil cases. Viewing this with
extreme seriousness the Hon'ble Court has desired that the Subordinate Courts be
impressed to strictly abide by the provisions as laid down in the above quoted order VIII
Rule 1 of C.P.C.

Therefore, I am directed to request you to kindly instruct all the Judicial Officers
working under your administrative control to make strict compliance of the provisions as
given in Order VIII Rule 1 C.P.C.
3.
SUMMONSES AND PROCESSES
(i)
Procedure for issue
C.L. No. 29/Xc-5 dated 27th March, 1968