Filing Written Statement Within 120 Days Is Statutory Right, Not Procedural Discretion: Calcutta High Court

The Calcutta High Court ruled that the right to file a written statement is a statutory right grounded in natural justice and cannot be denied merely due to procedural lapses if filed within the 120 days prescribed under the Code of Civil Procedure.

The Court held that denial within this timeframe would defeat a defendant’s valuable right to defend the case. The ruling came in a commercial dispute involving the Central Bank of India, where the defendants filed their written statement on the last permissible day.

The Court condoned the delay, imposed ₹50,000 as costs payable to the State Legal Services Authority, and allowed the filing.

[Central Bank of India & Ors v. Jay Kumar Goyal & Ors]