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NEENA BANSAL KRISHNA
Quadra Strat Trade Services Ltd. – Appellant
Versus
Mahinder Kumar Madan – Respondent
JUDGMENT (Oral)
I.A. 8126/2020 (under Order VIII Rule 10, Order XII Rule 6 read with Section151 CPC on behalf of the plaintiff)
1. The present application has been filed under Order VIII Rule 10 of the Code of Civil Procedure 1906 (hereinafter referred to as "CPC") read with Section 151 CPC on behalf of the plaintiff for striking off the defence of the defendant.
2. A suit for Specific Performance has been filed for the execution of Sale Deed for property bearing No. 1/124, W.H.S, Kirti Nagar, New Delhi 110015 in favour of the plaintiff along with a relief for Mandatory Injunction, against the defendant.
3. It is submitted in the application that the Written Statement filed by the defendant on 10.01.2020, was returned under objections by the Registry. Thereafter, the Written Statement was re-filed on 28.01.2020 which was again returned under objections. An opportunity was granted to the defendant to file the Written Statement after removing all the defects within two weeks, subject to payment of costs of Rs.5,000/- vide Order dated 17.02.2020. However, the defendant has failed to pay the costs till date. The extended time-limit granted vide Order 17.02.2020 also expired on 03.03.2020.
The main legal point established in the judgment is the permissive nature of Order VIII Rule 10 and the obligation of the plaintiff to prove their case in the absence of a Written Statement.
The Supreme Court's orders extending the period of limitation in the wake of the COVID-19 pandemic applied to the filing of written statements, entitling the defendant to the relaxation available und....
The limitation period for filing a written statement was extended during the COVID-19 pandemic, acknowledging extraordinary circumstances that require courts to prioritize access to justice.
The main legal point established in the judgment is the requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
The striking off of a defendant's defence due to late filing of a written statement, despite court's extension, is unjustifiable, and such extensions are regarded as directory rather than mandatory, ....
The main legal point established in the judgment is the limitation on extending the filing period for written statements under CPC, 1908, and the impact of the COVID-19 pandemic on limitation periods....
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