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MANMEET PRITAM SINGH ARORA
Mahender K. Tiwari – Appellant
Versus
Bharti Trivedi – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 37893/2023 (for exemption)
Exemption is allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 1184/2023
1. This petition filed under Article 227 of the Constitution of India impugns the order dated 10.03.2023 passed by District Judge, Commercial Court, North East District, Karkardooma Courts, Delhi (`Trial Court') in Civil Suit No. 334/2019, titled as `Bharti Trivedi v. Mahender K. Tiwari', whereby the Trial Court has dismissed the Petitioner's application for recall of the order dated 04.08.2022, striking off his defence.
1.1. The Petitioner is the original defendant and the Respondent is the original plaintiff in the civil suit.
1.2. A perusal of the record shows that the civil suit was instituted by the plaintiff on 18.11.2019 for recovery of a sum of Rs. 3,76,000/-.
2. The defendant (i.e., the Petitioner) was duly served and entered appearance on 04.03.2020. The defendant was directed to file his written statement within the statutory period, however, he failed to do so. In these circumstances, the Trial Court vide order dated 04.08.2022 (after 2 1/2 years) was pleased to stri
Failure to file the written statement and subsequent attempts to seek permission to file the same without justification may lead to dismissal of the petition and the impugned orders.
The court emphasizes the need to resolve disputes on merits rather than on technicalities and allows the delay in filing the written statement, subject to compensatory costs.
The central legal point established in the judgment is that disputes should be resolved on merits rather than technicalities, and in deserving cases, delay in filing pleadings can be condoned subject....
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.
Procedural law should advance substantial justice, and in case of conflict, the court should lean towards substantial justice.
Strict adherence to procedural deadlines for filing written statements is essential; ignorance of law does not excuse late filings.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
The court has the discretion to allow the advancement of hearing and set aside orders declining to take pleadings on record, subject to specified conditions.
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