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JYOTI SINGH
Chanchal Goel – Appellant
Versus
Alok Malani – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present revision petition has been filed by the Petitioners assailing the impugned order dated 31.01.2023, whereby the Trial Court has closed the right of the Petitioners to file the written statement. Petitioners herein are Defendants before the Trial Court and Respondent is the Plaintiff.
2. Respondent herein filed a suit for eviction, permanent and mandatory injunction before the Trial Court with respect to property bearing No.4428-30, 2nd Floor, Ward No.3, Ganesh Bazaar, Vishnu Bazaar and Dau Bazaar, Delhi. Summons were issued in the suit on 19.10.2022 returnable on 31.01.2023. On 02.12.2022, Petitioners were served with summons and copy of the plaint for appearance on 31.01.2023. When the matter was listed on 31.01.2023, Trial Court closed the right of the Petitioners to file written statement since the statutory period of 30 days prescribed in Order VIII Rule 1 CPC for filing written statement from date of service of summons i.e. 02.12.2022, had expired.
3. Counsel for Petitioners submits that Petitioners were served with the summons on 02.12.2022, however, Petitioners were unable to discern from the reading of the summons as to what steps th
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 provision for filing a written statement within 90 days is not mandatory, and the court can permit filing of the written statement even after the period of 90 days if sufficient reasons are given....
The court reinforced that adherence to statutory timelines for filing written statements is crucial, and extensions must be justified with proper applications and reasons.
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 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 provisions of Order VIII Rule 1 of C.P.C. are directory, allowing courts discretion to extend time for filing written statements.
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