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TUSHAR RAO GEDELA
Manoj Kumari Shukla – Appellant
Versus
Amol Garg – Respondent
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 authorit
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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