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IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Manoj Kumari Shukla & Anr. – Appellants
Versus
Amol Garg – Respondent
CM(M) 65 of 2023 & CM APPL. 2090 of 2023
Decided On : 17-02-2023
Delay in Filing Written Statement - Civil Suit - The court allowed the petitioners to file their written statement with a cost of Rs.25,000, citing the Supreme Court's direction that in ordinary civil suits, the merits of the case should be considered and technicalities should not come in the way of the parties. The court also emphasized that the delay in filing written statements can be compensated with costs.
Fact of the Case:
The petitioners challenged the orders of the Trial Court that closed their right to file a written statement due to delay in filing.
Finding of the Court:
The court allowed the petitioners to file their written statement with a cost of Rs.25,000, citing the Supreme Court's direction and recent Division Bench decision.
Issues: Delay in filing written statement, right of the petitioners to file written statement, application for condonation of delay, and extension of time to file written statement.
Ratio Decidendi: 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.
Final Decision: The petitioners were granted 10 days' time to file their written statement with a cost of Rs.25,000 to be paid to the respondent. Default in the timeline would render the permission redundant.
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
1. The petitioners challenge the orders dated 04.06.2022 and 19.11.2022 passed by the learned Trial Court in CS No. 370/2021 titled `Amol Garg vs. Manoj Kumari @ Manoj Kumar Shukla' whereby the learned Trial Court had closed the right of the petitioners/defendants to file the written statement on the ground that despite service on 21.09.2021 neither any application for condonation of delay nor any application seeking extension of time to file the written statement was filed by the petitioners/defendants. On that basis, learned Trial Court struck off the right of the petitioners/defendants to file written statement.
2. Mr. O.P. Aggarwal, learned counsel appearing on behalf of the for the respondent submits that the delay which has occurred is of almost two years and learned Trial Court had taken the correct decision by rejecting the request of the petitioners/defendants seeking permission to file written statement after inordinate delay.
3. 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 cases of Salem Advocates Bar Association vs. Union of India 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 and has further held that in cases where written statements are delayed for non-filing on time and the other side can be compensated with costs.
4. The aforesaid judgments have been recently followed by learned Division Bench of this Court on 15.02.2023 in FAO(OS)149/2022 titled Jamaluddin vs. Nawabuddin and Ors..
5. In view of the aforesaid ratio laid down by the Hon'ble Supreme Court as well as Division Bench of this Court, the instant petition is allowed.
6. Petitioners are granted 10 days' time to file their written statement.
7. The learned Trial Court is directed to take such written statement on record and proceed in accordance with law. The permission to file the written statement is however, subject to cost of Rs.25,000/- to be paid by petitioners/defendants to respondent/plaintiff on or before 21.02.2023.
8. Default or infraction in the timeline as directed above will automatically entail in the permission so granted today redundant, and shall not be given effect.
9. With the aforesaid directions, the petition stands disposed of.
10. Pending application, if any, also stands disposed of.
11. Copy of order be given dasti under signatures of Court Master.
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.
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.
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 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 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....
Delay in filing the written statement can be condoned in deserving cases, subject to compensatory cost, and disputes should be resolved on merits rather than technicalities.
The court emphasized the importance of considering the amnesty period granted by the Supreme Court for filing various pleadings and held that there was no valid reason to refuse to take the written s....
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 central legal point established in the judgment is the court's discretion in granting or refusing permission to file the written statement, emphasizing the need to establish sufficient cause and ....
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