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MANMEET PRITAM SINGH ARORA
Ankush Rishi – Appellant
Versus
Sarvesh Kumar – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 43080/2023 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 1349/2023 & CM APPLs. 43079/2023, 43081/2023
1. This petition filed under Article 227 of the Constitution of India, impugns the order dated 26.07.2023 passed by District Judge-02, Dwarka Courts, Delhi (`Trial Court') in suit bearing no. CS DJ ADJ 551/2022, titled as Ankush Rishi v. Sarvesh Kumar & Anr., whereby the application of the Respondents for condonation of delay of 125 days in filing written statement was allowed.
2. The learned counsel for the Petitioner states that no reasonable grounds were pleaded by the Respondent in the application seeking condonation of delay. He states that the Respondent had been pursuing the counter suit filed by him against the Petitioner herein. However, the Respondent deliberately delayed filing the written statement in the present suit to the prejudice the rights of the Petitioner.
2.1 He states that the Trial Court should at least have imposed costs on the Respondent for the deliberate delay caused by the Respondent in filing of the written statement.
2.2 He sta
The court affirmed that delays in non-commercial suits should be condoned leniently to ensure justice and that denying a party's right to a defense must be carefully evaluated.
A change of counsel does not constitute a sufficient cause for condoning significant, inordinate delays in procedural filings, such as the submission of a written statement. Courts will not excuse su....
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.
A delayed written statement may be accepted if condoned by the court; however, errors in earlier decisions cannot be challenged without timely objection.
The discretion to condone delay under the Limitation Act is based on the explanation provided, not strictly on the length of the delay, emphasizing substantial justice over procedural technicalities.
The court emphasized the need for granting procedural justice by allowing petitioners to seek condonation of delay in filing their written statement despite initial rejection.
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