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The Supreme Court on Monday emphasised that failure to give cogent reasons for delay and non-adherence of prescribed timelines will strike off the right to file the Written Statement in terms of Order VIII Rule 1 of the Civil Procedure Code (CPC).
While passing a judgment to this effect, the Bench of CJI SA Bobde and Justices BR Gavai and Surya Kant observed,
"The effect of this is borne not only by the litigants, but also commerce in the country and the public in general who spend decades mired in technical processes", the Bench added.
Issue(s) involved in the case
The central issue was whether the timeline of 90 days for filing written statement under Order VIII Rule 1 of the CPC was merely procedural and directory for non-commercial suits?