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DELHI HIGH COURT
C.HARI SHANKAR
Vishal @ Goldi – Appellant
Versus
Sanjay Kumar – Respondent
| Table of Content |
|---|
| 1. grounds for condonation of delay. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court's reasoning on delay rejection. (Para 6 , 7 , 8) |
| 3. respondent's counterarguments and previous petitions. (Para 9) |
| 4. final decision and directions. (Para 10 , 11 , 12 , 13) |
1. This petition under Article 227 of the Constitution of India assails the order dated 18th March 2017, passed by the learned Civil Judge in CS 61825/2016 (Sanjay Kumar v. Vishal @ Goldi), and order dated 14th December 2018, whereby an application of the petitioner seeking review of the order dated 18th March 2017 was dismissed.
2. The order dated 18th March 2017 rejects an application filed by the petitioner, as the defendant in CS 61825/2016 ("the suit", hereinafter), for condonation of the delay in filing the written statement in response to the suit instituted by the respondent.
3. As the order dated 18th March 2017 notes, summons, in the suit, were served on the petitioner on 19th October 2016. The period of 30 days, within which, as per Order VIII Rule 1 of the Code of Civil Procedure, 1908 (CPC), written statement could be filed, would, therefore, expire on or around 19th November 2016. The written s
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.
A change of counsel does not constitute a sufficient cause for condoning significant, inordinate delays in procedural filings, such as the submission of a written statement. Courts will not excuse su....
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.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
The court emphasized the need for granting procedural justice by allowing petitioners to seek condonation of delay in filing their written statement despite initial rejection.
A delayed written statement may be accepted if condoned by the court; however, errors in earlier decisions cannot be challenged without timely objection.
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....
Timeliness in filing written statements is crucial; any delay beyond prescribed limits without an accompanying application for condonation is impermissible.
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