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SIDDHARTH MRIDUL, TUSHAR RAO GEDELA
Jamaluddin – Appellant
Versus
Nawabuddin – Respondent
JUDGMENT
Siddharth Mridul, J. (Open Court)--The present appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, read with Section 10 of the Delhi High Court Rules, has been instituted on behalf of Jamaluddin, the appellant herein and defendant no. 3 in the original suit, praying as follows:
"Keeping in view of the facts and circumstances stated herein and in the interest of justice, it is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to:
(a) Allow the appeal there by setting aside the impugned order dated 24.11.2022 passed by Hon'ble Mr. Justice V. Kameshwar Rao in O.A. NO. 62/2022 IN CS(OS) N0.115 OF 2020 titled 'Nawabuddin Vs. Sh. Salahuddin & ORS. and also order dated 30.08.2022 passed by Ms. Vandana Jain, Learned Joint Registrar in CS(OS) N0.115 OF 2020 titled 'Nawabuddin Vs. Sh. Salahuddin & Ors., in the interest of justice;
(b) Direct the registry to take on record the written statement on behalf of Appellant/Defendant No.3;
(c) Pass any other and further order as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case be also passed."
2. Axiomatically, the present appeal preferred by the appel
The court emphasized the discretion of the court to allow the defendant to file a written statement even after the expiry of the 90-day period, highlighting that the time for filing a written stateme....
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 central legal point established in the judgment is the justification for condoning delay in filing written statements under Order 8 Rule 1 of CPC, 1908, and the need to resolve disputes on merits....
The main legal point established in the judgment is that the time limit for filing written statements is not mandatory in non-commercial suits and the court has the discretion to extend the time, as ....
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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