Rani Kusum v. Kanchan Devi (AIR 2005 SC 2304)

The question was simple: Is the 30–90 days limit in Order 8 Rule 1 CPC hard and fatal, or can courts allow a late written statement?

• Answer: The limit is directory, not mandatory.
• Why: Procedure should help justice, not block it. No penal consequence is stated for delay.
• But: Extensions are not routine—only for exceptional reasons.

1. Is the O8R1 time limit for a written statement mandatory or directory?

• Procedural law’s aim: to advance justice; avoid rigid readings unless statute says so.
• No penalty in O8R1: absence of a strict consequence → provision is directory.
• Court’s discretion: Late WS may be accepted in exceptional circumstances, with reasons.
• Order 8 Rule 10: Provides flexible responses to non-filing, supporting a directory view.

• O8R1 is directory: It speeds up trials but does not bar defence absolutely.
• Discretion remains: Late WS may be allowed in exceptional cases with recorded reasons.
• O8R10 supports flexibility: Shows the Code’s design to permit suitable orders, not automatic decrees.
• But caution: No routine extensions; parties must show why delay was beyond control.

Procedure serves justice. In the absence of a penal bar, time limits for filing a WS are directory, subject to cautious judicial discretion.

• Gives courts controlled flexibility to prevent miscarriage of justice.
• Guides trial courts on recording reasons for delay condonation.
• Exam-stable answer on O8R1 vs O8R10 balance.

• 1 O8R1 is directory; justice first.
• 2 No routine condonation—exceptional reasons only.
• 3 Record reasons; use O8R10 thoughtfully.
• 4 Procedure cannot defeat substantive rights.

Mnemonic: “TIME HELPS, NOT HURTS.”

• TIME → O8R1 sets timelines.
• HELPS → goal is speed, not penalty.
• NOT HURTS → courts may allow late WS in rare cases.

3-Step Hook:

1. Check purpose: Is the rule procedural?
2. Find penalty: Is a bar stated? (No → directory.)
3. Apply discretion: Are reasons exceptional and recorded?

Order 8 Rule 1 CPC

Fixes time for filing a written statement.

Order 8 Rule 10 CPC

Lets the court act if WS is not filed.

Directory Provision

Guides conduct; non-compliance is not always fatal.

Mandatory Provision

Must be obeyed strictly; breach leads to invalidity or penalty.