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PRATHIBA M. SINGH
Annex Die Casting – Appellant
Versus
Samir Kumar Pal – Respondent
JUDGMENT
Prathiba M. Singh, J. - This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
CM APPL. 46572/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
CRP 100/2021 & CM APPL. 46571/2021 (for stay)
3. This is a petition challenging the impugned order dated 4th March, 2021 passed by the Ld. Principal District & Sessions Judge, South West District, Dwarka Courts, New Delhi (hereinafter "trial court") in CS No. 112/2019 titled Samir Kumar Pal v. Annex Die Casting vide which the written statement of the Petitioner/Defendant (hereinafter "Defendant") has been struck off the record by the trial court.
4. The background of the case is that the suit was filed by the Respondent/Plaintiff (hereinafter "Plaintiff") seeking recovery of Rs. 1,21,355/- with pendent lite and future interest @24% per annum till the date of realisation along with cost of the suit. Initially, summons were issued to the defendant in the suit on 24th January 2019 but since the process fee was not filed by the Plaintiff, one more opportunity was granted to the Plaintiff by the trial court vide order dated 20t
The main legal point established in the judgment is that the time schedule in Order VIII Rule 1 of the CPC is to be followed as a rule, and departure therefrom would be by way of exception, permittin....
The main legal point established in the judgment is the requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
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, ....
Cases should be considered and disposed of on merits rather than technicalities, and the delay in filing the written statement should not prevent the defendant from entitlement to file it.
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.
Trial Courts should consider a lenient view for completion of pleadings, especially regarding the filing of written statements beyond the stipulated period, as reiterated by the Supreme Court in prev....
The non-filing of the written statement within the stipulated time could not be a ground for striking off the defence, considering the judgments exempting the limitation for filing pleadings.
The court ruled that a party's right to file a written statement should not be denied due to delay, provided costs are imposed, emphasizing the importance of a fair trial.
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