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AJOY KUMAR MUKHERJEE
Vijay Kumar Dalmia – Appellant
Versus
Ultra Tech Cement Ltd. – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J. - Affidavit-of-service filed by the learned Counsel appearing for the petitioner is taken on record.
2. The opposite parties are not represented.
3. Order being No. 15 dated September 19, 2016 passed by the learned Civil Judge (Junior Division), 1st Court, Serampore, Hooghly in Title Suit No. 570 of 2015 has been assailed by filing the present application.
4. By the impugned order learned Court below has been pleased to accept the written statement which was filed by the defendant beyond the statutory period.
5. Petitioner's case is that the petitioner filed the aforesaid suit along with a prayer for injunction. On November 17, 2015 the opposite party No. 1 had entered appearance in the said suit through his learned Advocate and prayed time to file written statement and written objection. On January 19, 2016 the opposite party No. 1 filed written objection against plaintiff's injunction application. The suit again came up for hearing on March 16, 2016 when the opposite party again filed a petition seeking adjournment to file written statement. But on that date learned Court below rejected the defendant's prayer for time to file written statement as st
The time limit for filing a written statement can be extended only in exceptionally hard cases, and the court's discretion to extend the time should not be routinely exercised.
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.
Setting aside ex-parte decree – Once ex-parte decree is set aside and suit is restored to file, defendants cannot be relegated back to position prior to date of hearing of suit.
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 right to defend one's case is prioritized, allowing the defendant to contest a suit after compensating for any prejudice caused to the plaintiff.
The court emphasized procedural fairness in civil trials, ruling that time extensions for filing should not be routine but based on justifiable reasons, allowing parties their due process rights.
The admissibility of documents filed through online mode and the timeline within which they are filed can be considered by the court, and the court may exercise discretion in taking such documents on....
Written Statement – Once appellant had already filed written statement to un-amended plaint in which certain formal issues were raised later on, stand taken by appellant in written statement already ....
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