RANBIR Vs. SLOKYA COLLEGE OF NURSING

JUDGEMENT

(1.) No doubt, the Supreme Court in the case of Kailash Vs. Nanhku and Ors., 2005 AIR(SC) 2441 has held that the provision of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) is directory i.e written statement need not be filed within the original period of 30 days and even within the extended period upto 90 days with an application giving reasons for codonation of delay (viz written statement can be taken on record even after period of 90 days), however, the Supreme Court in that very judgment clarifies that routine delays should not be condoned as it would be destructive of the legislative amendment of bringing in a limitation period for filing of the written statement. Legislature brought amendments because defendants in suits were deliberately delaying the disposal of suits by delaying the filing of written statement over many months. This is one such case.

(2.) The subject suit is a suit for recovery of Rs.13,86,922/- against the petitioner/defendant who was given rights to run a mess by the respondent/plaintiff college, but the petitioner is alleged as per the plaint not to have paid the mess charges. Petitioner as per the plaint was given the benefit of running of the mess which was only to help the petitioner/defendant who was in a poor condition and right to run the mess was given by in fact relaxing the condition of payment of security deposit due to the pitiable condition of the petitioner.

(3.) (i) In the present case, delay to be condoned is not in the extended period of 60 days or even of one month or two months thereafter, but of a period of 10 months. No doubt, CPC is a handmaid of justice and the costs can be imposed as per the facts of the case to condone the delay in filing of the written statement however the delay ought not to be condoned as a routine.