In short. Under Order 8 rule 1 CPC as amended for commercial disputes, a written statement is due within 30 days of service of summons, and the court may extend this, with reasons and costs, up to 120 days. After 120 days, the defendant forfeits the right to file it and the court cannot take it on record, as the Supreme Court held in SCG Contracts v K.S. Chamankar (2019).
This post is for businesses that have been sued in a commercial court, and for plaintiffs who want to know what to expect from the other side. It explains how the 120 days are counted, what a written statement in a commercial suit must contain, what must be filed with it, what happens if it is late, and how to protect a defence that cannot be put in writing in time. The deadlines are strict, and most of the damage in these cases is done in the first few weeks after service.
Before most commercial suits, the plaintiff must have tried pre-institution mediation, which is covered in our post on section 12A pre-institution mediation. If you are defending a summary suit under Order 37, the procedure is different, and our post on summary suits under Order 37 explains leave to defend. For how commercial courts work in Delhi generally, see our page on commercial court practice in Delhi.
- Law
- Order 8 rules 1 and 10 CPC, as amended by the Commercial Courts Act 2015
- Normal time
- 30 days from service of summons
- Outer limit
- 120 days from service; no court can extend it
- Extension within 120 days
- Only for reasons recorded and on payment of costs
- File with it
- List of documents and disclosure under Order 11, statement of truth
- If missed
- Right forfeited; defendant can still cross-examine and argue
What is the 120-day rule for written statements in commercial suits?
The 120-day rule is a time limit on the defendant's defence in a commercial suit. Section 16 of the Commercial Courts Act 2015 amended the Code of Civil Procedure for commercial disputes, adding a proviso to Order 8 rule 1. The defendant must file the written statement within 30 days of service of summons. If he fails, the court may allow it on a later date, for reasons recorded in writing and on payment of costs, but not later than 120 days from the date of service. On expiry of 120 days, the defendant forfeits the right to file the written statement and the court shall not allow it to be taken on record.
A matching proviso to Order 8 rule 10 says no court shall extend the time for filing the written statement beyond that period. Together, these leave no room for discretion after day 120. In SCG Contracts (India) v K.S. Chamankar Infrastructure (2019), the Supreme Court held that the time limit in commercial suits is mandatory, that the court cannot use its inherent powers to get around it, and that a written statement filed late cannot be taken on record.
The contrast with ordinary civil suits is sharp. In a non-commercial suit, Order 8 rule 1 also mentions 30 days, extendable to 90, but the Supreme Court has treated that limit as directory, so courts routinely accept late written statements on costs. Lawyers and clients used to that practice are the ones most often caught out in commercial suits.
The provisions that apply
Order 8 rule 1 and proviso, CPC (commercial suits)
Written statement within 30 days of service of summons; further time only up to 120 days, for recorded reasons and on costs; on expiry of 120 days, the right is forfeited and the court shall not take the written statement on record.
Order 8 rule 10 and proviso
If the written statement is not filed in time, the court may pronounce judgment or make such order as it thinks fit. No court may extend the time beyond the period allowed by rule 1.
Order 8 rules 3A and 5 (commercial suits)
Denials must be specific. The defendant must say which allegations he denies, which he admits, and which he cannot admit or deny for want of knowledge; give reasons for each denial and his own version of events; and, if he disputes jurisdiction or valuation, give reasons and his own case. An allegation not denied in this manner is taken as admitted, except as against a person under disability.
Order 11 rule 1, CPC (commercial suits)
The defendant must file, along with the written statement, a list of all documents in his power, possession, control or custody pertaining to the suit, whether in support of or against his case, with a declaration on oath. Documents not disclosed cannot later be relied on without the court's leave, which needs reasonable cause for the non-disclosure.
Order 6 rule 15A, CPC (commercial suits)
Every pleading must be verified by an affidavit in the form of a statement of truth. A pleading not verified this way cannot be relied on as evidence, and the court may strike it out.
Can the court extend time beyond 120 days?
No. That is the point of the rule. Within the 120 days, the court has discretion: after 30 days, it may permit a written statement on a date it fixes, if the defendant gives reasons the court records and pays the costs it imposes. Once the 120 days are over, the discretion ends. The Supreme Court has rejected arguments based on the court's inherent powers under section 151 CPC, on general principles of natural justice, and on the hardship to defendants. Courts have generally refused to treat the plaintiff's consent as a way around the bar either, because it is addressed to the court itself.
The only remaining route is a petition to the High Court under Article 227 of the Constitution against the order refusing to take the written statement on record. Revision against interlocutory orders of a commercial court is barred by section 8 of the Commercial Courts Act, and an order closing the right to file a written statement is not among the appealable orders. Article 227 is a supervisory jurisdiction, not an appeal, and the High Court will not interfere merely because the defendant had reasons for the delay. It may look at the case if the trial court has miscounted the days or started the clock from the wrong date.
There was one temporary exception. During the pandemic, the Supreme Court's orders extending limitation periods were held to cover the time for filing written statements in commercial suits. That period has long ended, and no such extension applies to suits served today.
Commercial suit or ordinary suit: how the written statement deadline differs
| Point | Commercial suit | Ordinary civil suit |
|---|---|---|
| Basic time | 30 days from service | 30 days from service |
| Further time | Up to 120 days from service, with reasons and costs | Up to 90 days, often allowed later on costs |
| Nature of the limit | Mandatory; right forfeited after 120 days | Directory; court has discretion |
| Denials | Must be specific with reasons and own version (Order 8 rule 3A) | Specific denial expected, less detailed rule |
| Documents | Full disclosure on oath with the written statement (Order 11) | Documents relied on to be filed or listed |
| Verification | Statement of truth by affidavit | Ordinary verification |
| Summary judgment | Available under Order 13A before issues are framed | Not available in the same form |
When does the 120-day clock start?
The clock starts on the date of service of summons. Courts have generally linked this to service of the summons along with a copy of the plaint and the documents filed with it, since a defendant cannot respond to a plaint he has not seen. If the defendant was served a summons without the plaint or with an incomplete set, that may be a ground to argue that time began later, but it is an argument to make in court with proof, not an assumption to plan around.
Service can happen in more than one way. Summons may be served by the court through post, courier or bailiff, and under Order 5 rule 9 CPC also by email or other electronic means allowed by the High Court's rules. In some cases the defendant gets an advance copy of the plaint from the plaintiff, or appears on the first date on a caveat, before formal service. Courts have in several cases treated the date on which the defendant appeared and received the complete paper book as the start of the period. The safe course is to count from the earliest date on which you had the full plaint and documents in hand.
Count in calendar days, including Sundays, holidays and court vacations. If the last day falls on a court holiday, do not rely on filing the next working day; most courts in Delhi, including the Delhi High Court and the district courts, accept electronic filing, which can be done on any day. Aim to file well inside the period, so that a defect in the filing can be cured before the 120 days end.
A working timeline from service to day 120
Day 1: record the date of service
Note when and how the summons and plaint reached you, and keep the envelope, email or acknowledgment. Calculate day 30 and day 120 at once, and put both in writing for everyone handling the case.
Days 1 to 7: gather the record
Collect the contract, purchase orders, invoices, delivery records, ledgers, emails and WhatsApp messages relating to the dispute. Identify the people who dealt with the transaction. Check the contract for an arbitration clause and the plaint for jurisdiction and valuation.
Days 7 to 20: settle the defence
Go through the plaint paragraph by paragraph and decide what is admitted, what is denied and why, and what is not within your knowledge. Decide whether you have a counter-claim or set-off, and whether a section 8 arbitration application or an Order 7 rule 11 application is needed.
Days 20 to 30: draft, verify and file
Prepare the written statement, the statement of truth, the list of documents with the Order 11 declaration, and any counter-claim. Sign, verify and file within 30 days if at all possible.
Days 31 to 120: if you need more time
File the written statement with an application explaining the delay and asking the court to take it on record. The court records reasons and may impose costs. Do not file only an application for time; file the written statement itself.
Before day 120: cure defects
If the registry raises objections, cure them and refile promptly. A written statement that is still lying with defects on day 120 may be argued to be not filed at all.
What must a written statement in a commercial suit contain?
A written statement in a commercial suit must answer the plaint paragraph by paragraph. Order 8 rule 3A requires the defendant to state which allegations he denies, which he does not admit or deny but requires the plaintiff to prove, and which he admits. For each denial, he must give his reasons, and if he intends to put forward a different version of events, he must state it. A general line such as 'the contents of the para are denied for want of knowledge' does not meet the rule, and an allegation not specifically denied is taken as admitted.
Objections to jurisdiction and valuation must be argued in the written statement with reasons. If you say the court has no territorial jurisdiction, you must say which court does. If you dispute the plaintiff's valuation of the suit, you must give reasons and your own valuation. Preliminary objections such as limitation, an arbitration clause, lack of privity, or the absence of pre-institution mediation also go here, in addition to any separate application.
Then comes the defendant's own case: what was agreed, what was supplied or performed, what was paid, where the plaintiff fell short, and what the defendant claims in return. Keep it factual and tied to documents. A written statement in a commercial suit is also, in effect, the defendant's first statement of evidence, because pleadings verified by a statement of truth carry weight and contradictions between the written statement and later evidence are noticed.
When Advocate B.K. Singh reads a commercial plaint for a defendant, the first thing he looks for is the admission the plaintiff hopes to get: the paragraph that sets out a running account, a ledger balance or an acknowledgment, which, if not specifically answered, settles most of the claim. The written statement is built around answering those paragraphs properly.
What to file along with the written statement
Pleading and verification
- Written statement answering each paragraph of the plaint
- Statement of truth verified by affidavit, in the prescribed form
- Board resolution or authority letter for the person signing for a company or firm
- Vakalatnama and memo of appearance
Documents and disclosure
- List of all documents in your power, possession, control or custody relating to the suit, including those against your case
- Declaration on oath under Order 11 about disclosure
- Copies of the documents you rely on, properly indexed and paginated
- Electronic records with the certificate required under section 63 of the Bharatiya Sakshya Adhiniyam, where relied on
If applicable
- Counter-claim or claim for set-off, with court fee
- Application under section 8 of the Arbitration Act, if the contract has an arbitration clause
- Application under Order 7 rule 11 for rejection of the plaint, if there is a legal bar
- Application explaining delay, if filed after 30 days
What if the written statement was filed in time but had defects?
It depends on what was filed. Registries routinely return pleadings with objections such as missing page numbers, unclear copies, a missing index or an incomplete affidavit. Where a genuine written statement was filed within the 120 days and returned for curable defects, courts have generally treated it as filed on the original date, so long as the defects were cured within the time allowed by the court's rules or a reasonable time.
The position is different where what was filed within time was not really a written statement: a few pages to stop the clock, an unsigned draft, a document without any verification, or a filing without the plaint replies at all. Courts have treated such filings as non est, meaning they never existed in law, and a complete written statement filed after day 120 is then out of time.
The lesson is simple. File the real document, complete and signed, with its statement of truth and disclosure, and file it early enough to correct whatever the registry finds. In the Delhi High Court, the Original Side Rules also set their own refiling timelines, and long delays in curing objections can lead to the filing being treated as fresh.
What happens if the written statement is not filed in time?
The defendant's right to file it is closed, and the suit proceeds without his pleaded defence. Under Order 8 rule 10, the court may then pronounce judgment against him or make such order as it thinks fit. This does not mean an automatic decree. The court must still be satisfied, on the plaint and the plaintiff's evidence, that the claim is made out, and courts have repeatedly said that judgment should not be passed mechanically merely because no written statement is on record.
The defendant is not entirely shut out. He can still cross-examine the plaintiff's witnesses to test their evidence, and he can argue at the final hearing that the plaintiff's own case does not prove the claim, including on points of law such as limitation or jurisdiction that appear from the record. What he cannot do is lead his own evidence or put forward a positive case that was never pleaded.
In practice, a defendant without a written statement is at a severe disadvantage. His cross-examination cannot be used to bring in a version of events he has not pleaded, and the plaintiff may move for summary judgment on the footing that there is no real defence. For a business with a genuine answer to the claim, missing the deadline can turn a winnable case into one that ends in a decree.
A made-up example: a software vendor sued for refund
Here's a made-up example. A Gurugram company sues a Delhi software vendor in the commercial court at Saket for refund of ₹45 lakh paid for an ERP system it says never worked. The summons, with the plaint and documents, is delivered to the vendor's office by courier on 5 February 2026. Day 30 is in early March; day 120 falls around 5 June 2026.
The vendor's director forwards the papers to an advocate only in April. The advocate collects the project emails, the user acceptance records and the change requests, and finds the plaint has left out that the client signed off on the go-live and then asked for features outside the contract. The written statement, answering each paragraph with reasons, a counter-claim for ₹12 lakh in unpaid support fees, the Order 11 disclosure and the statement of truth, is filed on 20 May with an application explaining the delay. The court takes it on record with costs.
Had the director waited two more weeks, the vendor would have lost the right to file any written statement. The sign-off emails would still have been useful in cross-examining the plaintiff's witness, but the vendor could not have led its own evidence or pursued the counter-claim in that suit.
Counter-claims, set-off and arbitration objections must come in time too
A counter-claim is filed with the written statement under Order 8 rule 6A, and a claim for set-off is part of it. In commercial suits, courts have been reluctant to allow a counter-claim after the time for the written statement has passed, because it would let the defendant bring in his defence through the back door. If you have a claim against the plaintiff arising from the same dealings, plan to file it with the written statement. If you miss that, you may still be able to file a separate suit, subject to limitation and section 12A, but you lose the advantage of having both claims heard together.
If the contract has an arbitration clause, the application under section 8 of the Arbitration and Conciliation Act must be made not later than the date of submitting your first statement on the substance of the dispute. Filing a full written statement on the merits without raising arbitration may be treated as giving up the clause. The usual course is to file the section 8 application at once, and in any case before or with the written statement, while protecting the 120-day deadline. Our post on appointment of an arbitrator under section 11 explains what happens on the arbitration side.
Does an Order 7 rule 11 application stop the clock?
Do not assume it does. Defendants often file an application for rejection of the plaint, for example because the suit is barred by limitation or by section 12A, and then wait for it to be decided before filing a written statement. In ordinary suits that sometimes works, because courts can decide an Order 7 rule 11 application first. In commercial suits, the 120-day limit runs regardless, and a defendant who loses the application after day 120 is left with no written statement.
The safe practice is to file both: the Order 7 rule 11 application, and the written statement within time, raising the same objection in it as a preliminary point. The same applies to applications challenging service, seeking documents, or asking for the suit to be transferred. None of them, by itself, extends the time for the written statement unless the court passes a specific order, and even then the 120-day outer limit binds the court.
The summary judgment risk under Order 13A
In commercial suits, either side may apply for summary judgment under Order 13A at any time after summons has been served and before issues are framed. The court may decide a claim without a trial if it finds that the defendant has no real prospect of successfully defending it and there is no other compelling reason for oral evidence. A plaintiff with strong documents, such as signed acknowledgments of a balance, often files this application soon after the written statement comes in, or after the defendant's right to file one has been closed.
For a defendant, the written statement is the first answer to that application, and the reply to the summary judgment application must explain, with documents, why the defence has a real prospect of success. A thin written statement makes a summary judgment more likely. This is another reason to put the full defence, with the key documents, on record within time rather than holding material back for trial.
Mistakes defendants make with the written statement deadline
- Treating it like an ordinary suit. The habit of asking for adjournments to file a reply does not work after day 120 in a commercial court.
- Losing the first month. Papers sit with a manager or in a mailroom while the clock runs. The date of service, not the date the lawyer receives the papers, counts.
- Filing an application for time instead of the written statement. After day 30, file the written statement with an application explaining delay, not just a request for more time.
- General denials. Saying 'denied' without reasons and a positive version risks the allegation being treated as admitted.
- Incomplete disclosure. Holding back documents, including those that hurt your case, can mean you cannot rely on your own documents later.
- Forgetting the counter-claim or section 8 application. Both are tied to the written statement and lose force if raised late.
- Filing a placeholder. A skeleton filed to stop the clock may be treated as no filing at all.
Checklist for the first week after you are served
- Record the exact date and mode of service, and keep proof
- Calculate day 30 and day 120 and share them in writing
- Check whether you received the full plaint and all documents
- Read the contract for an arbitration clause and the plaint for jurisdiction and valuation
- Check whether the plaintiff went through section 12A mediation or claimed urgent relief
- Collect all documents and electronic records about the transaction, including those that hurt you
- Identify any counter-claim or set-off and its value
- Fix a target filing date well before day 120
If you are the plaintiff
The rule works in your favour, but use it carefully. Keep proof of the date and mode of service of summons, with the plaint and documents, because the defendant's first argument will be that the clock started later. If a written statement is filed after day 120, object at the next hearing and ask the court to record that the right stands closed. If it is filed between day 30 and day 120, you can ask for costs and point out the absence of reasons, but the court has discretion in that window.
Once the right is closed, do not treat the case as won. You still have to prove your claim with documents and evidence, and the defendant can cross-examine. Consider whether a summary judgment application under Order 13A would bring the matter to an end faster. Our post on damages for breach of contract explains what needs to be proved when the claim goes beyond a fixed debt.
What to do this week if you have been served
Write down the date of service today and work out day 30 and day 120. Get the plaint and all documents to an advocate this week, along with your contract, invoices, ledgers and correspondence. Decide early whether there is an arbitration clause, a counter-claim or a legal bar to the suit, because each of these has to be raised with or before the written statement.
A point Advocate B.K. Singh often makes to business clients is that in a commercial suit the defence is effectively decided in the first month, because what is not pleaded and disclosed then is hard to bring in later. If you want an advocate to read the plaint and tell you the deadline and the points that need answering, the team at B.K. Singh & Associates can look at the papers through our online enquiry. Our civil law practice page covers suits and defences more broadly, and our page on civil cases in Delhi courts explains the courts where these suits are heard.
Frequently asked questions
What is the time limit for filing a written statement in a commercial suit?
Thirty days from the date of service of summons. The court can allow up to 120 days from service, for reasons recorded in writing and on payment of costs, but not a day more.
Can a commercial court accept a written statement after 120 days?
No. The proviso to Order 8 rule 1 says the right is forfeited and the court shall not take it on record. The Supreme Court held in SCG Contracts v K.S. Chamankar (2019) that this is mandatory and cannot be relaxed through inherent powers.
Is the 120-day rule the same for ordinary civil suits?
No. In ordinary suits, the limit is 30 days extendable to 90, and the Supreme Court has treated it as directory, so courts often accept late written statements on costs. The strict 120-day bar applies to commercial suits.
From which date do the 120 days run?
From the date of service of summons, generally with the plaint and documents. If you appeared earlier and received the full paper book, a court may count from that date, so always count from the earliest date you had the complete plaint.
Do court holidays and vacations stop the 120-day clock?
No. The period runs in calendar days. Since electronic filing is available in Delhi courts on any day, do not rely on filing on the next working day after a holiday.
What happens if my written statement is not filed in time?
Your right to file it is closed and the suit proceeds without your pleaded defence. You can still cross-examine the plaintiff's witnesses and argue on the plaintiff's evidence and on law, but you cannot lead your own evidence.
Does the court decree the suit automatically if there is no written statement?
No. Under Order 8 rule 10 the court may pronounce judgment, but it must still be satisfied that the plaintiff's claim is proved. Courts are expected not to pass judgment mechanically.
Can I file a counter-claim after the 120 days?
Generally no in a commercial suit, since courts treat it as tied to the written statement. You may still be able to file a separate suit if it is within limitation, after section 12A mediation where it applies.
Does filing an application to reject the plaint extend time for the written statement?
No, not by itself. File the written statement within time and raise the same objection in it, while the Order 7 rule 11 application is pending.
What documents must I file with the written statement?
A list of all documents in your power, possession, control or custody relating to the suit, including adverse ones, with a declaration on oath under Order 11, the documents you rely on, and a statement of truth verifying the written statement.
What if my written statement was returned with objections by the registry?
If a genuine and complete written statement was filed within time and returned for curable defects, courts have generally treated it as filed in time if the defects are cured promptly. A placeholder filed only to stop the clock may be treated as no filing at all.
Can I challenge an order refusing to take my written statement on record?
Revision is barred against interlocutory orders of commercial courts, so the remaining route is a petition under Article 227 before the High Court. It succeeds mainly where the trial court miscounted the period or started it from the wrong date.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.