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DELHI HIGH COURT
ANUP JAIRAM BHAMBHANI
Cosco International Pvt. Ltd. – Appellant
Versus
Jagat Singh Dugar – Respondent
JUDGMENT
Anup Jairam Bhambhani J.(Oral)
O.A. 21/2021
1. By way of the present appeal filed under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 read with section 151 of the Civil Procedure Code1908, the defendant/applicant seeks setting aside of order dated 23.10.2020 passed by the learned Joint Registrar, declining to take the defendant's written statement on record.
2. A brief timeline of the dates that are relevant to decide the present O.A. is as follows:
3. Ms. Renuka Arora, learned counsel appearing for the appellant/defendant, submits that, as is
The filing of the written statement and bringing it on record are separate matters. Filing the written statement without the affidavit of admission/denial of documents is a defect that can be cured w....
The main legal point established in the judgment is the distinction between filing a written statement and bringing it on record, and the consequences of not filing an affidavit of admission/denial o....
Procedural delays in filing should not bar adjudication on merits when substantive filings are made within prescribed timelines, reaffirming fairness in litigation.
The central legal point established in the judgment is the interpretation and application of the rules governing the filing of a written statement and an affidavit of admission and denial of document....
The main legal point established in the judgment is that the time for filing a written statement should be reckoned from the date of the order disposing of the application under Order VII Rule 11 of ....
The period of 120 days for filing the written statement is directory and may be extended for sufficient reasons. Parties must assert their decisions clearly to avoid contributing to delays.
The main legal point established in the judgment is the curable nature of defects in the written statement and the importance of adjudicating upon the defendant's defence while ensuring time-bound di....
In commercial suits, written statements within 120 days from valid summons service (with plaint copy) must be accepted; extensions lean towards condonation if justified; procedural timelines subservi....
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