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DELHI HIGH COURT
C.HARI SHANKAR
Vishvjeet Kanwarparl – Appellant
Versus
Diljeet Titus – Respondent
| Table of Content |
|---|
| 1. costs imposed as a condition for allowing delay in filing. (Para 1 , 2 , 3 , 4) |
| 2. supreme court order on extension of limitation does not benefit petitioner. (Para 5 , 6 , 7) |
| 3. court defers to discretion of lower court on costs. (Para 8) |
| 4. petition dismissed without further consideration. (Para 9) |
JUDGMENT
C. Hari Shankar, J. (Oral)
1. The order, dated 18th January 2022, under challenge in the present petition preferred under Article 227 of the Constitution of India, assails the imposition of costs of Rs. 50,000/-, by the learned Additional District Judge ("the learned ADJ").
2. The learned ADJ has imposed costs as aforesaid as a condition for allowing an application filed by the petitioner under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC). By the said application, the petitioner sought condonation of the delay occasioned in filing written statement, in response to the plaint of the respondent.
3. The learned ADJ has observed that summons in the suit were issued to the petitioner vide order dated 13th September 2019, whereafter, though the petitioner entered appearance on 4th December 2019, no written statement was filed by the petitioner by
The court affirmed the principle that discretionary orders regarding costs by lower courts should not be interfered with unless shown to be excessive or unjust.
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.
Delay in filing written statements in civil suits may be condoned with reasonable compensatory costs to promote litigation on merits rather than technicalities.
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.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
The interpretation of procedural rules regarding the filing of written statements and the discretion of the court to permit filing beyond the stipulated period based on sufficient cause.
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....
The Court emphasized the necessity of filing a written statement within the stipulated period, affirming the trial court's authority to impose costs for non-compliance.
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