DELHI HIGH COURT
C.HARI SHANKAR
Anuj Tyagi – Appellant
Versus
Hans Foundation Hospitals – Respondent
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. The proviso to the said rule permits filing of the written statement on any other date as specified by the court for reasons to be recorded in writing, not later than 90 days from the date of service of summons.
5. This period of 90 days, no doubt, is not mandatary and, in exceptional cases, can be further relaxed where sufficient cause is shown as held by the Supreme Court in
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.