RAMESH FLOWERS PVT. LTD. Vs. SUMIT SRIMAL

JUDGEMENT

(1.) Order 8 Rule 1 of CPC states that written statement should be filed within thirty days from the date of service of summons on the defendant. The proviso to the Rule permits the defendant to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons. In Salem Advocate Bar Association, T.N. v. UOI (2005) 6 SCC 344, it was clarified that the upper limit of ninety days is directory. This provision has engaged the attention of the Hon'ble Supreme Court and the High Courts during the last two decades. It, however, appears that the practice of the trial courts is not in consonance with the principles laid down.

(2.) Let me trace the facts leading to the filing of the above civil revision petitions. The plaintiff in O.S No.140 of 2022 on the file of the First Additional District and Sessions Court, Thoothukudi is the revision petitioner herein. The defendant was a former employee of the plaintiff. According to the plaintiff, the defendant was terminated from service on 8/4/2022. The plaintiff alleges that the defendant is engaged in acts that are detrimental to its interests. Hence, O.S No.140 of 2022 was instituted to restrain the defendant from doing so. The plaintiff sought interim injunction against the defendant. The trial court issued only notice without granting ex-parte interim order. Aggrieved by the same, the plaintiff filed CRP(MD)No.1941 of 2022. Interim injunction was initially granted on 22/9/2022. The CRP came to be disposed of on 21/6/2023 in the following terms :

(3.) After the CRP was disposed of, on 2/8/2023, the defendant filed memo by enclosing the copy of the order dtd. 21/6/2023 along with his written statement. The trial court took the written statement on file. Thereafter, the plaintiff filed I.A No.6 of 2023 for rejection of the written statement. The court below vide order dtd. 3/7/2024 dismissed I.A No.6 of 2023. Questioning the same, the plaintiff filed CRP(MD)No.1853 of 2024. CRP(MD)No.1854 of 2024 has been filed challenging the order dtd. 2/8/2023 whereby the written statement was taken on file.