S.6 --- Written statement --- Delay in filing written statement --- Mandatory provision --- Scope --- Section 6 of the Punjab Partition of Immovable Property Act , 2012 , provides a period of 30 days to a defendant for filing the written statement which starts from the date of first appearance of defendant before the Court -

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Punjab Partition of Immovable Property Act , 2012 ( IV of 2013 ) ---

---- S.6 --- Written statement ---

Delay in filing written statement --- Effect ---

Respondents filed a suit for partition wherein the petitioners filed a written statement after 30 days of their first appearance - Trial Court dismissed the respondents ' application for striking off the defence of petitioners , however , Appellate Court accepted the same -- Contention of petitioners was that since time was granted by the Trial Court for filing the written statement , thus the petitioners could not be penalized due to act of the Court --- Validity --- Mandate of S. 6 of Punjab Partition of Immovable Property Act , 2012 , was very clear and unequivocal as a categoric duty had been cast upon the defendant with regard to filing the written statement within the stipulated time and the Court was not invested with the power to extend such period --- Since the consequence of non - fulfilling the provision of law was also given thus the mandate of introducing such a penal provision would be frustrated if the argument was accepted ---

S.6 --- Written statement --- Delay in filing written statement --- Mandatory provision --- Scope --- Section 6 of the Punjab Partition of Immovable Property Act , 2012 , provides a period of 30 days to a defendant for filing the written statement which starts from the date of first appearance of defendant before the Court --- Under subsection ( 2 ) of S. 6 , penalty has been provided if the written statement is not filed within the stipulated time and in case of such default , the Court " shall " strike off the defence of the defendant as a consequence of which he shall also not be allowed to lead his evidence .

Punjab Partition of Immovable Property Act , 2013.

Written statement - Delay in filing written statement Mandatory provision -- Scope Use of word " shall " in S.6 gives a clear indication that the provision is mandatory is nature and has to be adhered to by the courts in letter and spirit and no exception can be created .

In order to curtail the litigation and to decide the cases within short span of time under Section 6 of the Punjab Partition of Immovable Property Act, 2012 , a period of 30 days has been provided to defendant(s) in a suit for partition for filing written statement and the consequence of noncompliance of the said provision is also provided in the said section by highlighting that if the needful is not done within the stipulated time, defence of the defendant shall be struck off and he will not be allowed to lead his evidence. It shall be important to mention here that the use of expression “shall” in the said section gives a clear indication that the afore-referred provision is mandatory in nature and has to be adhered to by the courts in letter and spirit and no exception can be created. The said provision is in pari materia with the provisions provided in Order XXXVII CPC, Financial Institutions (Recovery of Finances) Ordinance, 2001 and Punjab Rented Premises Act, 2009 qua filing of written statement/application for leave to appear and defend, application for leave to defend/application for leave to contest which are an exception to Order VIII Rule 10 CPC wherein it has been made optional for the learned trial court to pass a decree in case written statement is not filed within the stipulated time as the word “may” has been mentioned in the said provision.