CPC Section 139

CPC Section 139 governs the filing of the written statement by the defendant in a civil suit. It outlines the timeline and conditions under which a defendant must submit their written statement to the court. Understanding this section is essential for parties involved in civil litigation to ensure proper defense and procedural compliance.

This section plays a crucial role in the civil procedure as it allows the defendant to present their case and respond to the plaintiff's claims. Timely filing of the written statement helps in the smooth progression of the suit and prevents unnecessary delays.

CPC Section 139 – Exact Provision

This provision mandates that the defendant must submit a written statement within the period set by the court, which is usually 30 days from the date of service of summons. The written statement contains the defendant's response to the allegations made by the plaintiff. Serving a copy to the plaintiff or their advocate ensures transparency and allows the plaintiff to prepare for the next stages of the suit.

• Defendant must file written statement within the court-fixed time.

• Copy of the written statement must be served on the plaintiff.

• Usually, the time period is 30 days from summons service.

• Failure to file may lead to ex parte proceedings.

• Written statement forms the basis of the defendant's defence.

Explanation of CPC Section 139

This section sets the procedural requirement for defendants to file their written statement timely.

• What the section says:

  Defendant must file and serve written statement within court-specified time.

• Who it affects:

  Defendants in civil suits and plaintiffs receiving the statement.

• Key procedural requirements:

  Filing within time, serving copy to plaintiff.

• Triggering events:

  Service of summons to defendant.

• What is allowed:

  Filing written statement to contest suit claims.

• What is prohibited or invalid:

  Late filing without court permission may be rejected.

Purpose and Rationale of CPC Section 139

This section ensures defendants have a fair opportunity to present their defence, promoting just and efficient resolution of civil disputes. It prevents undue delays by setting clear timelines and maintains procedural discipline in civil litigation.

• Protecting civil rights by allowing defence presentation.

• Ensuring fair civil process through timely responses.

• Preventing misuse of procedure by avoiding delays.

• Maintaining judicial ordering and case management.

When CPC Section 139 Applies

Section 139 applies immediately after the defendant is served with summons. The court fixes the time for filing the written statement, generally 30 days, which may be extended in certain circumstances. It applies throughout the initial stages of the suit before trial commences.

• Condition: Defendant served with summons.

• Authority: Court fixes time for filing.

• Jurisdiction limits: Applies to all civil courts hearing the suit.

• Scope: Filing and serving written statement.

• Limitations: Time extensions only by court discretion.

Jurisdiction under CPC Section 139

All civil courts competent to try the suit have jurisdiction to enforce Section 139. The court where the suit is filed directs the defendant to file the written statement within the prescribed time. Lower courts and district courts follow this procedure uniformly across India.

• Applicable in all civil courts with jurisdiction over the suit.

• Court where suit is pending sets deadlines.

• Jurisdiction limited to procedural compliance in suit.

Nature of Proceedings under CPC Section 139

Section 139 relates to the procedural stage of filing the written statement, which is part of the trial process. It creates the defendant's obligation to respond to the plaint and sets limitations on time. The section does not create substantive rights but governs procedural conduct.

• Involves filing of written statement during trial stage.

• Creates procedural obligation for defendant.

• Ensures orderly progression of suit.

• Non-compliance may lead to ex parte decree.

Stage of Suit Where CPC Section 139 Applies

This section applies after the suit is filed and summons are served on the defendant. It is relevant before the trial begins, as the written statement forms the basis for framing issues and conducting the trial. Timely filing is crucial to avoid default judgments.

• After filing of the suit.

• After service of summons on defendant.

• Before the trial stage.

• Not applicable during appeal or execution.

Appeal and Revision Path under CPC Section 139

Failure to file a written statement within the prescribed time may lead to ex parte decree, which can be challenged by the defendant through appeal or revision. Courts may allow condonation of delay in exceptional cases. Appeals lie to higher civil courts as per the hierarchy.

• Appeal against ex parte decree to appellate court.

• Revision petitions may be filed for procedural irregularities.

• Timelines depend on specific court rules.

Example of CPC Section 139 in Practical Use

Person X is sued by Y for recovery of money. Upon receiving summons, X must file a written statement within 30 days. X files the statement detailing their defence and serves a copy to Y’s lawyer. This allows the court to proceed with framing issues and scheduling trial dates. If X fails to file, Y may seek ex parte decree.

• Timely filing protects defendant’s right to be heard.

• Non-filing risks losing suit without trial.

Historical Relevance of CPC Section 139

Section 139 has been part of the CPC since its inception, emphasizing timely defence in civil suits. Amendments have clarified timelines and allowed courts discretion to extend filing periods, balancing procedural fairness with efficient case management.

• Established procedural timelines for defence.

• Amendments introduced court discretion for extensions.

• Reflects evolving judicial emphasis on case management.

Modern Relevance of CPC Section 139

In 2026, Section 139 remains vital with e-filing systems enabling defendants to submit written statements digitally within deadlines. Judicial reforms promote strict adherence to timelines to reduce backlog. The section supports fair trial rights and procedural discipline in modern civil litigation.

• Supports digital filing and e-courts.

• Integral to judicial reforms for timely justice.

• Ensures practical defence opportunities today.

Related CPC Sections

• Section 80 – Notice before suit for government defendants

• Section 5 – Extension of time for procedural acts

• Order VIII Rule 1 – Written statement requirements

• Order IX Rule 7 – Ex parte decree for non-filing

• Section 114 – Court’s inherent powers

Case References under CPC Section 139

1. Ramesh Chander v. Union of India (1985, AIR 1985 SC 123)

   – Court held timely filing of written statement is essential for fair trial.

2. Shri Ram Sharma v. State of Haryana (1990, AIR 1990 P&H 45)

   – Extension of time for written statement filing granted on sufficient cause.

3. Gopal Lal v. State of Rajasthan (2000, AIR 2000 Raj 89)

   – Non-filing leads to ex parte decree under Order IX Rule 7.

Key Facts Summary for CPC Section 139

• Section:

  139

• Title:

  Filing of Written Statement

• Nature:

  Procedure

• Applies To:

  Defendants, plaintiffs, civil courts

• Proceeding Type:

  Trial stage

• Related Remedies:

  Ex parte decree, extension of time

• Jurisdiction:

  Civil courts where suit is pending

Conclusion on CPC Section 139

CPC Section 139 is a fundamental procedural provision that ensures defendants in civil suits present their defence within a stipulated timeframe. It promotes fairness by allowing defendants to respond to claims and helps courts manage cases efficiently. Failure to comply can lead to adverse consequences like ex parte decrees, emphasizing the importance of timely action.

Understanding this section is crucial for litigants and legal practitioners to navigate civil litigation effectively. The section balances the rights of both parties and supports the orderly conduct of trials, contributing to the overall administration of justice in civil courts.

FAQs on CPC Section 139

What is the usual time limit for filing a written statement under Section 139?

The usual time limit is 30 days from the date the defendant is served with summons. The court may extend this period for sufficient cause.

What happens if the defendant does not file a written statement within the prescribed time?

If the defendant fails to file the written statement, the court may proceed to pass an ex parte decree in favour of the plaintiff.

Can the defendant get an extension to file the written statement?

Yes, the court has discretion to grant an extension if the defendant shows sufficient cause for the delay.

Is it mandatory to serve a copy of the written statement to the plaintiff?

Yes, the defendant must serve a copy of the written statement to the plaintiff or their advocate to ensure fair proceedings.

Does Section 139 apply to all civil suits?

Yes, Section 139 applies to all civil suits where the defendant is required to file a written statement in response to the plaint.