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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Gullu G. Talreja, S/o. Geleram Talreja – Appellant
Versus
Sanjay Sisodia, S/o. Hastimal Sisodia – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 3 , 6) |
| 2. conclusion and order of the court (Para 2 , 8 , 11 , 13 , 19) |
| 3. arguments regarding delay in written statement (Para 4 , 5 , 18) |
| 4. court's reasoning on condonation of delay (Para 9 , 10 , 14 , 16) |
| 5. ratio on procedural requirements for filing written statements (Para 12 , 15 , 17) |
ORDER :
S. VISHWAJITH SHETTY, J.
1. Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 07.03.2022 passed on I.A.No.9 in O.S.No.391/2011 by the Court of IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.
2. Heard the learned counsel for the parties.
3. Petitioner has filed O.S.No.391/2011 before the Jurisdictional Civil Court seeking the relief of declaration and consequential relief of mandatory injunction and permanent injunction in respect to the suit schedule properties. Defendant No.1 who had entered appearance in the said suit on 08.08.2011 had filed I.A.Nos.2 and 3 under Order VII Rule 11 of CPC and under Section 11 of CPC. Defendant No.2 has been placed ex-parte in the suit. Though defendant No.1 had filed I.A.Nos.2 a
The court ruled that the limitation for filing a written statement is strict and can only be extended in exceptional circumstances, which were not present in this case.
The court affirmed that procedural rules regarding the filing of written statements can be interpreted flexibly to ensure justice, allowing extensions in exceptional circumstances.
The main legal point established in the judgment is that the time limit for filing a written statement under the Civil Procedure Code should be treated as directory, and the court should balance the ....
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
The striking off of a defendant's defence due to late filing of a written statement, despite court's extension, is unjustifiable, and such extensions are regarded as directory rather than mandatory, ....
The court held that procedural unfairness due to technical irregularities can justify allowing the filing of Written Statements after delays, emphasizing the importance of justice over procedural str....
The court holds that delays in filing additional written statements can be condoned under Rule 9 of Order VIII provided there is sufficient cause and no prejudice is caused to the opposing party.
The court held that the provisions of Order VIII Rule 1 CPC are directory, allowing written statements to be filed beyond prescribed delays in exceptional circumstances, particularly to serve the int....
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