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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Naresh Poddar – Appellant
Versus
Kusum Lata Aggarwal & Ors. – Respondents
CM(M) 249 of 2023 & CM APPL. 7488 of 2023, CM APPL. 7489 of 2023
Decided On : 15-02-2023
Written Statement - Civil Procedure - The court quashed the orders closing the right of the petitioner to file the written statement and directed the petitioner to file the written statement, citing the principle that delay in filing written statements can be condoned for sufficient reasons.
Fact of the Case:
The petitioner challenged the order of the Trial Court that closed the right to file the written statement and posted the matter for the respondent's evidence.
Finding of the Court:
The court quashed the orders and directed the petitioner to file the written statement, subject to a cost of Rs.35,000 to be paid to the respondent.
Issues: Challenge to the Trial Court's order, application seeking recall of the order, delay in filing written statement.
Ratio Decidendi: Delay in filing written statements can be condoned for sufficient reasons, and technicalities should not come in the way of parties litigating on the basis of evidence and pleadings in their favor.
Final Decision: The orders were quashed, and the petitioner was directed to file the written statement, subject to payment of a cost to the respondent.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. With the consent of parties, the present petition is taken up for final disposal.
2. The petitioner challenges the order dated 24.08.2022 passed by the learned Trial Court in CS DJ 62/2022 titled as "Kusum Lata Aggarwal vs. Naresh Poddar", whereby the learned Trial Court has closed the right of the petitioner to file the written statement and had posted the matter for the respondent/plaintiff's evidence.
3. The petitioner also challenges the order dated 11.11.2022 passed by the learned Trial Court on an application seeking recall of the order dated 24.08.2022, which was dismissed.
4. Learned counsel appears for the respondents/plaintiff and submits that the service of notice was effected upon the petitioner on 26.02.2022 and subsequent thereto, from 26.02.2022 till date the petitioner has not filed the written statement.
5. Learned counsel for the respondents submits that the attitude of the petitioner/defendant is absolutely lackadaisical and callous and had there been any kind of sincerity the petitioner would have filed written statement during this period.
6. This Court has considered the impugned orders as well as the submissions made by learned counsel for the parties.
7. This Court is of the considered view that the issue raised herein is no more res-integra in view of the fact that the Hon'ble Supreme Court in authoritative pronouncements in the case of Salem Advocates Bar Association vs UOI reported in 2003(1) SCC 49, Kailash vs. Nankhu reported in (2005) 4 SCC 480 and Bharat Kalra vs. Raj Kishan Chabra reported in 2022 SCC OnLine SC 613 has time and again directed that in ordinary civil suits the merits of the case are to be considered and technicalities need not come in the way of the parties litigating on the basis of evidence and other pleadings which are in their favour and delay in filing written statements can be condoned for sufficient reasons.
8. In view of the aforesaid judgments as also in view of the submissions made on behalf of the petitioner, this Court quashes the orders dated 24.08.2022 and 11.11.2022.
9. The petitioner is directed to file the written statement on or before 21.02.2023 when the suit is stated to be listed before the learned Trial Court.
10. The learned Trial Court is directed to take on record the written statement and proceed further in accordance with law.
11. The aforesaid direction permitting the petitioner to file the written statement would, however, be subject to a cost of Rs.35,000/- to be paid by the petitioner to the respondent within three days from today against a proper receipt which may be filed before the learned Trial Court.
12. If there is any infraction in the direction of payment, the permission so granted shall deemed to be automatically having vacated.
13. The petition is disposed of in the above terms.
Delay in filing written statements can be condoned for sufficient reasons, and technicalities should not hinder parties from litigating based on evidence and pleadings in their favor.
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 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 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.
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....
The right to file a written statement is forfeited if not submitted within the statutory period, and courts lack discretion to extend this period.
Deliberate delay in adjudication can lead to the closure of the right to file a written statement.
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....
Strict application of time lines specified in the Commercial Courts Act, 2015 and the requirement for the petitioner to demonstrate taking appropriate steps to safeguard its interest.
Closure of the right to file a written statement by the trial court can be revisited if the parties agree, with costs imposed ensuring fairness in the proceedings.
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