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SANJEEV SACHDEVA, MANOJ JAIN
S R Electro – Appellant
Versus
Delta Electronics – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
FAO (COMM) 88/2023 & CM APPL. 26999/2023 (stay)
1. Appellant impugns order dated 09.02.2023, whereby, the Trial Court has permitted the written statement to be taken on record and permitted the respondent to contest the suit on merits.
2. Subject suit was filed by the appellant for recovery. Though the ordersheet of the Trial Court records that the respondent was not served in the suit, a counsel entered appearance for the respondent on 05.07.2022. Respondent failed to file written statement within 30 days. Subsequently, the respondent failed to appear and was proceeded ex-parte on 27.09.2022.
3. An application under Order IX Rule 7 CPC was filed by the respondent seeking setting aside of the ex-parte order, which was allowed on 09.12.2022, subject to costs of Rs.15,000/-. One week time was granted to the respondent to file the written statement.
4. Order dated 09.12.2022 records that respondent had raised the grievance that respondent had not received a copy of the plaint. Copy of the plaint was received through Whatsapp on 22.08.2022. Thereafter on 31.08.2022, lawyers were abstaining from work and as such counsel for the respondent could not
The admissibility of documents filed through online mode and the timeline within which they are filed can be considered by the court, and the court may exercise discretion in taking such documents on....
The non-filing of the written statement within the stipulated time could not be a ground for striking off the defence, considering the judgments exempting the limitation for filing pleadings.
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....
The provisions of Order VIII Rule 1 of C.P.C. are directory, allowing courts discretion to extend time for filing written statements.
The main legal point established in the judgment is that the time schedule in Order VIII Rule 1 of the CPC is to be followed as a rule, and departure therefrom would be by way of exception, permittin....
The court upheld strict adherence to procedural timelines for filing written statements, requiring exceptional circumstances for any delay beyond stipulated periods.
Deliberate delay in adjudication can lead to the closure of the right to file a written statement.
The time limit for filing a written statement can be extended only in exceptionally hard cases, and the court's discretion to extend the time should not be routinely exercised.
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