Back
DELHI HIGH COURT
C.HARI SHANKAR
Anuj Tyagi – Appellant
Versus
Hans Foundation Hospitals – Respondent
| Table of Content |
|---|
| 1. challenge to procedural orders (Para 1 , 2 , 3) |
| 2. written statement filing rules (Para 4 , 5) |
| 3. affirmation of lower court's orders (Para 6 , 7 , 17) |
| 4. conclusion of the petition's dismissal (Para 10 , 18) |
| 5. court's discretion on filing extensions (Para 11) |
| 6. medical conditions as a defense (Para 12 , 13 , 14) |
| 7. limits of supervisory jurisdiction (Para 15 , 16) |
JUDGMENT
1. This petition, under Article 227 of the Constitution of India, impugns orders dated 24th March, 2021 and 26th November, 2021, passed by the learned Additional District Judge ("the learned ADJ").
2. The order dated 24th March, 2021 struck off the defence of the petitioner (the defendant before the learned ADJ) and the order dated 26th November, 2021 dismissed the application filed by the petitioner for review/recall of the said order.
3. Summons in CS 445/2019, preferred by the respondents against the petitioner, were issued on 11th August, 2021 and admittedly received by the petitioner on 27th August, 2021.
4. Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC) requires a written statement, in response to the suit, to be filed within 30 days from the date of service of summons.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
