TMI Blog2008 (11) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... smissing the Writ petition filed by the appellants questioning correctness of the order passed by the trial court rejecting the application for setting aside the order directing that no written statement was to be accepted and also not allowing the appellants who are the defendants in RCS No. 99 of 2003 filed by respondent No. 1 the plaintiff to file written statement. Rest of the respondents are the defendants in the suit. Admittedly an order was passed stating that the written statement was not filed within the period of 90 days. An application was filed along with the written statement with two prayers; first prayer was to set aside the earlier order relating to non-filing of the written statement and second to accept the written stateme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... early and expeditious disposal of civil suits and proceedings without sacrificing the fairness of trial and the principles of natural justice inbuilt in any sustainable procedure. The Statement of Objects and Reasons for enacting the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976) (in short the 1976 Amendment Act ) highlights the following basic considerations in enacting the amendments : 5.(i) that a litigant should get a fair trial in accordance with the accepted principles of natural justice; (ii) that every effort should be made to expedite the disposal of civil suits and proceedings, so that justice may not be delayed; (iii) that the procedure should not be complicated and should, to the utmost extent possible, e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ligation on the defendant to file the written statement within 30 days from the date of service of summons on him and within the extended time falling within 90 days. The provision does not deal with the power of the court and also does not specifically take away the power of the court to take the written statement on record though filed beyond the time as provided for. Further, the nature of the provision contained in Order 8 Rule 1 is procedural. It is not a part of the substantive law. Substituted Order 8 Rule 1 intends to curb the mischief of unscrupulous defendants adopting dilatory tactics, delaying the disposal of cases, causing inconvenience to the plaintiffs and the petitioners approaching the court for quick relief and also the se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n any course of procedure. He has only the right of prosecution or defence in the manner for the time being by or for the court in which the case is pending, and if, by an Act of Parliament the mode of procedure is altered, he has no other right than to proceed according to the altered mode. A procedural law should not ordinarily be construed as mandatory, the procedural law is always subservient to and is in aid to justice. Any interpretation which eludes or frustrates the recipient of justice is not to be followed. 12. Processual law is not to be a tyrant but a servant, not an obstruction but an aid to justice. A procedural prescription is the handmaid and not the mistress, a lubricant, not a resistant in the administration of justice. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Order 8 Rule 1. The point for consideration is whether the provision providing for maximum period of ninety days is mandatory and, therefore, the court is altogether powerless to extend the time even in an exceptionally hard case. 16. It has been common practice for the parties to take long adjournments for filing written statements. The legislature with a view to curb this practice and to avoid unnecessary delay and adjournments, has provided for the maximum period within which the written statement is required to be filed. The mandatory or directory nature of Order 8 Rule 1 shall have to be determined by having regard to the object sought to be achieved by the amendment. It is, thus, necessary to find out the intention of the legisla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oo technical a construction of sections that leaves no room for reasonable elasticity of interpretation should therefore be guarded against (provided always that justice is done to both sides) lest the very means designed for the furtherance of justice be used to frustrate it. Next, there must be ever present to the mind the fact that our laws of procedure are grounded on a principle of natural justice which requires that men should not be condemned unheard, that decisions should not be reached behind their backs, that proceedings that affect their lives and property should not continue in their absence and that they should not be precluded from participating in them. Of course, there must be exceptions and where they are clearly defined ..... X X X X Extracts X X X X X X X X Extracts X X X X
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