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TUSHAR RAO GEDELA
Naresh Poddar – Appellant
Versus
Kusum Lata Aggarwal – 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 cons
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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