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TUSHAR RAO GEDELA
Municipal Corporation Of Delhi – Appellant
Versus
Shambhuji – Respondent
JUDGMENT :
TUSHAR RAO GEDELA, J.
[The proceeding has been conducted through Hybrid mode]
1. With the consent of parties, present petition is taken up for disposal today.
2. Petitioner challenges the order dated 13.11.2018 of the learned Trial Court whereby the written statements filed by Petitioner Nos.1 to 4 who are Defendant Nos.1 to 3 and 6 (before the learned Trial Court) in CM (M) No.1522/2018 and Defendant Nos.1 to 3 and 7 (before the learned Trial Court) in CM(M) 1529/2018 were rejected and not permitted to be taken on record.
3. Learned counsel for the Petitioner submits that the Trial Court refused it on the ground that there was a delay of almost 4 years in filing of the written statement and thus, there was no reason for it to condone the delay and therefore, rejected the request and denied the permission to take on record the written statement.
4. Learned counsel for the Petitioners submits that the Petitioners had filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) which was taken up right uptil the Supreme Court and time was spent in pursing the legal remedies available to it. She further submits that availment of legal remedies in respec
The delay in filing written statements should not include the time spent in pursuing legal remedies, and the court may allow written statements to be taken on record subject to the payment of reasona....
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 central legal point established in the judgment is the discretion of the courts to permit defendants to file their written statements and the need to decide suits on merits rather than technicali....
The main legal point established is that the right to file a written statement in a civil suit may extend beyond the prescribed period, as supported by the Code of Civil Procedure, 1908 and relevant ....
The time of 90 days prescribed for filing written statement under Order VIII Rule 1 of CPC in an ordinary suit is directory and not mandatory. The court has the discretion to grant further time to th....
In ordinary civil suits, the merits of the case should be considered and technicalities should not come in the way of the parties. Delay in filing written statements can be compensated with costs.
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.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
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....
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