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MANOJ KUMAR OHRI
Col Ashish Khanna Sm Retd. – Appellant
Versus
Delhi Gymkhana Club – Respondent
JUDGMENT
O.A. 37/2022
1. Defendant No. 1 has preferred the captioned chamber appeal under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 (hereinafter `the DHC Rules') read with Section 151 CPC against order dated 01.09.2022 passed by the Joint Registrar in I.A. 14014/2022 filed by the plaintiff, thereby closing the right of defendant No.1 to file the written statement.
2. Before delving into the merits of the contentions raised by the learned counsels for the parties, the factual matrix of the case is noted. The plaintiff, claiming himself to be a former secretary of defendant No.1, has preferred the present suit for declaration, specific performance, mandatory injunction, recovery, permanent injunction and damages.
3. The suit came to be listed for the first time on 25.03.2022, when summons were directed to be issued to the defendants. On the said date, defendant No.1, on advance notice, was duly represented through its counsel, who accepted the summons and sought leave to file written statement. The matter was listed before the Joint Registrar for completion of pleadings, admission/denial of the documents and marking of exhibits on 04.05.2022. Simultaneou
The Rules framed by the Delhi High Court (Original Side) Rules, 2018, prevail over the provisions of the Civil Procedure Code, 1908 (CPC).
The main legal point established in the judgment is that the timeline for filing the Written Statement cannot be extended beyond the prescribed 120 days as per the Delhi High Court (Original Side) Ru....
Rule 4 of Chapter VII of the Delhi High Court (Original Side) Rules, 2018 is mandatory, prescribing an absolute outer limit of 120 days for filing written statements. Courts have no jurisdiction to c....
Point of Law : Civil Law – Condonation of Delay - Extension of time for filing written statement - Court must be satisfied that the defendant was prevented from a sufficient cause for exceptional and....
Delay in filing Written Statements beyond stipulated period cannot be condoned under current law.
The court holds that delays in filing additional written statements can be condoned under Rule 9 of Order VIII provided there is sufficient cause and no prejudice is caused to the opposing party.
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