Trial courts may accept written statements filed beyond 120 days subject to reasons and appropriate conditions.

The petitioner, a defendant in O.S. No. 143/2025, challenged the Senior Civil Judge and JMFC, Turuvekere’s order dated 28 February 2026 rejecting I.A. No. VII, which sought permission to file a written statement

He submitted that the suit was for declaration, that the defendants needed to obtain documents from competent authorities, and that the written statement was filed two days after expiry of the 120-day period

The trial court had rejected the application on the basis of the proviso to Order VIII Rule 1 CPC

Whether the trial court could accept a written statement after expiry of 120 days

Whether the stated delay in obtaining documents justified allowing the written statement, subject to appropriate conditions

The Court applied Order VIII Rule 1 CPC

It held that the trial court is empowered to condone delay and accept a written statement after 120 days, provided it records reasons and may impose appropriate conditions

The Court found that the petitioner’s affidavit attributed the delay to obtaining relevant documents from competent authorities, a process that could reasonably take time

It considered that refusing the written statement on technical grounds could prevent the defendants from presenting a valid defence and impede comprehensive adjudication

Any prejudice to the plaintiffs could be addressed by imposing costs

The defendants were permitted to file the written statement, or have it taken on record if already filed, subject to payment of Rs. 10,000 in costs to the plaintiffs and production of acknowledgment of payment