SHORAJ SINGH Vs. CHARAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The defendant-appellant is an appeal against an order passed by the High Court of Judicature at Allahabad on 30/1/2018 whereby the written statement filed by the defendant was not permitted to be taken on record as it was filed beyond 90 days fixed under Order 8 Rule 1 of the Code of Civil Procedure, 1908 (in short, the CPC)

(3.) We find that the High Court has completely misdirected itself not to take written statement on record in view of the judgments of this Court in 'Kailash Vs. Nanhku and Ors.'. reported in (2005) 4 SCC 480 and 'Salem Advocate Bar Association, Tamil Nadu Vs. Union of India', reported in (2005) 6 SCC 344 wherein it was held that the of 90 days for filing of written statement is directory.