Trace Your Case

ISSUE:

Whether the time limit prescribed under Order VIII Rule 1 of the CPC for filing a written statement is mandatory or directory?

RULE:

Procedural laws are meant to advance justice, not obstruct it; rigid interpretation should be avoided unless expressly mandated by statute.

The absence of specific penal consequences for failing to file a written statement within 90 days indicates that the provision is directory, not mandatory.

Courts retain discretion to allow filing beyond the prescribed period in exceptional circumstances, ensuring procedural rules do not override substantive justice.

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