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not revive the said statutory period.
Accordingly, it is held that once the statutory period of filing the written statement has elapsed, any subsequent filing of an application under Order VII Rule 11 CPC, shall not revive the statutory period in any manner whatsoever, and shall not extend the statutory period for filing the written statement.
In this regard, judgment dated 15-5-2025, passed in CM(M) 900/2025, titled as Zenith Vipers Solutions Pvt. Ltd. v. Jasmeet Singh Marwah, is referred to, wherein, it has been held as under: “xxx xxx xxx
Merely, because an application under Order VII Rule 11 CPC has been filed and is pending adjudication would not ipso facto extend the period of limitation meant for filing of written statement. Reference in this regard be made to SCG Contracts (India) (P) Ltd. v. K.S. Chamankar Infrastructure (P) Ltd., (2019) 12 SCC 210 : (2020) 1 SCC (Civ) 237 wherein Hon'ble Supreme Court clarified as under:— “14. The learned counsel appearing for the respondents also relied upon R.K. Roja v. U.S. Rayudu [R.K. Roja v. U.S. Rayudu, (2016) 14 SCC 275 : (2017) 3 SCC (Civ) 270] for the proposition that the defendant is entitled to file an application for rejection of plaint under Order 7 Rule 11 before filing his written statement. We are of the view that this judgment cannot be read in the manner sought for by the learned counsel appearing on behalf of the respondents. Order 7 Rule 11 proceedings are independent of the filing of a written statement once a suit has been filed. In fact, para 6 of that judgment records: (SCC p. 277) “6. … However, we may hasten to add that the liberty to file an application for rejection under Order 7 Rule 11 CPC cannot be made as a ruse for retrieving the lost opportunity to file the written statement.”” xxx xxx xxx” (Emphasis Supplied)
Accordingly, the plea of Defendant 2 that its right for filing the written statement ought not to have been closed, since an application under Order VII Rule 11 CPC had been filed subsequently, cannot be accepted and the same is rejected.”
Consequently, it is incumbent on the defendant nos. 1 and 2 to file their written statements as per statutory requirements. The same shall be necessarily be subject to outcome of I.A. No. 21363/2026.
The application is consequently dismissed. CS(OS) 366/2026
List before the Joint Registrar (Judicial) for further proceedings on the date already fixed i.e. 11.12.2026.