Date Of Service Of Summons Is Starting Point For Limitation Period To File Written Statement: Bombay High Court

The Bombay High Court ruled on the limitation and condonation principles applicable to filing a written statement in civil suits. The Bench held that the limitation period for filing a written statement starts from the date of service of summons upon the defendant. The decision examines the interplay between procedural rules, limitation statutes and condonation of delay principles, clarifying when the clock runs for defendants to place their written defense on record. It also addresses the standards for condoning delay — requiring explanation for delay, demonstration of due diligence and whether a plaintiff would suffer prejudice if the written statement is permitted late. The Court’s reasoning aims to harmonize procedural fairness with the need to prevent undue dilatoriness, protect plaintiffs’ rights to timely adjudication and yet avoid miscarriage of justice by rigidly dismissing meritorious defenses on technical delays. The judgment serves as authoritative guidance for trial courts dealing with applications for condonation of delay in filing written statements.