Written Statement--Commerical Suit--Striking Off Written Statement Filed Within 120-Days Limit Without Hearing Defendant Violates Principles of Natural Justice
Under Order 8 Rule 1 CPC as amended by the Commercial Courts Act, 2015, the 120-day period is an absolute outer limit beyond which no written statement can be filed. However, where a written statement is filed within this outer limit, striking it off without affording the defendant an opportunity to explain delay beyond the initial 30 days is impermissible. An application for condonation of delay may be filed even after expiry of 120 days if the written statement itself was filed within the statutory window. Procedural law must serve justice, not defeat substantive rights.
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