Authority: High Court of Bombay at Goa
Order Date: 2 November 2026
Case Overview
- Petitioner: M/S IHD Enterprises, represented by Managing Partner Pradeep Kumar Varshnei.
- Respondent: Rohit Kumar, who filed an eviction suit seeking recovery of possession and arrears of rent.
- Suit summons was served on the petitioner on 02‑03‑2026; the petitioner obtained extensions to file its written statement on 30‑03‑2026 and 30‑04‑2026.
- On 02‑06‑2026 the petitioner applied for a further extension; the Civil Court Junior Division ‘C Court’ at Merces Tiswadi, Goa (Case No. RCS/2O/2026/C) rejected the application.
- The petition seeks a writ of certiorari or any other appropriate writ to quash the impugned order dated 02‑06‑2026.
- The trial court rejected the extension on the ground that the defendant cannot seek extension while an application under Order 7 Rule 11 of the Civil Procedure Code seeking rejection of the plaint is pending.
- The High Court relied on Writ Petition No.105 of 2024, Federal Brands Ltd. vs Cosmos Premises Pvt. Ltd., observing that CPC Order VIII Rule 1 provides a 30‑day period for filing a written statement, which may be extended up to 90 days for reasons recorded in writing.
Final Outcome
- The petition is pending; the High Court has been asked to set aside the impugned order and grant the petitioner permission to file its written statement within the extended period.
Topics: Civil Procedure; Extension of Written Statement