TMI Blog2007 (7) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. The order of the trial Court was challenged before the Karnataka High Court in a Writ Petition under Article 227 of the Constitution of India, 1950 (in short the 'Constitution') on the ground that the provision of Order VIII Rule 1 of the Code of Civil Procedure, 1908 (in short the 'CPC) was mandatory and the trial Judge could not have accepted the written statement filed beyond 90 days from the date of service. The writ petition was allowed by order dated 30.8.2004. A Writ Appeal was filed which was held to be not maintainable. 3. A review petition was filed taking the stand that in view of a decision of this Court in Kailash v. Nanhku and Ors. (2005 (4) SCC 480) where it was held that the provisions of Order VIII Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments:- (i) with the accepted principles of natural justice that a litigant should get a fair trial in accordance; (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, ensure fair deal to the poorer sections of the community who do not have the means to engage a pleader to defend their cases. 7. By the 1999 Amendment Act the text of Order VIII, Rule 1 was sought to be substituted in a manner that the power of court to extend the time for filing the written statement was so circumscribed as would not permit the time being extended beyond 30 days from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, the nature of the provision contained in Order VIII, Rule 1 is procedural. It is not a part of the substantive law. Substituted Order VIII, Rule 1 intends to curb the mischief of unscrupulous defendants adopting dilatory tactics, delaying the disposal of cases causing inconvenience to the plaintiffs and petitioners approaching the court for quick relief and also to the serious inconvenience of the court faced with frequent prayers for adjournments. The object is to expedite the hearing and not to scuttle the same. While justice delayed may amount to justice denied, justice hurried may in some cases amount to justice buried. 9. All the rules of procedure are the handmaid of justice. The language employed by the draftsman of processual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yth v. Blyth (1966 (1) All E.R. 524 (HL)]. 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. [See Shreenath and Anr. v. Rajesh and Ors. (AIR 1998 SC 1827)]. 13. Processual law is not to be a tyrant but a servant, not an obstruction but an aid to justice. Procedural prescriptions are the handmaid and not the mistress, a lubricant, not a resistant in the administration of justice. 14. It is also to be noted that though the power of the Court under the proviso appended to Rule 1 of Order VIII is circumscribed by the words - shall not be later than ninety days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to extend the time even in an exceptionally hard case. 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 VIII 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 legislature. The consequences which may follow and whether the same were intended by the legislature have also to be kept in view. In Raza Buland Sugar Co. Ltd., Rampur v. The Muni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 they must be given effect to. But taken by and large, and subject to that proviso, our laws of procedure should be construed, wherever that is reasonably possible, in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
