In Brief
SCG Contracts India filed a money suit against K.S. Chamankar Infrastructure. After the defendant did not file its written statement within 120 days of summons service, the trial court granted an extension beyond this limit and accepted the late statement. On appeal, the Supreme Court held that the 120-day limit under amended Order V Rule 1 and Order VIII Rule 1 of the Code of Civil Procedure is mandatory. The Court rejected arguments that res judicata or inherent court powers under Section 151 could override this statutory prohibition. The Court ruled that statutory consequences provided by the 2015 amendments render the provisions mandatory, and public policy in statutory prohibitions cannot be negated by finality of an erroneous earlier order. The written statement was ordered struck off the record.
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