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DELHI HIGH COURT
C.HARI SHANKAR
Baljeet Singh – Appellant
Versus
Sudesh Chhikara – Respondent
| Table of Content |
|---|
| 1. overview of the case and procedural background (Para 1 , 1) |
| 2. arguments regarding applications under cpc (Para 2 , 3 , 4 , 5) |
| 3. court's analysis of procedural issues and reasoning (Para 6 , 7 , 8 , 9) |
| 4. restoration of applications for reconsideration (Para 10) |
| 5. final order allowing the petition without costs (Para 11) |
1. This petition under Article 227 of the Constitution of India assails the following order dated 27.11.2018 passed by the learned Additional Senior Civil Judge ("the learned ASCJ') in Suit CS 455/2017 (Sudesh Chhikara vs. Baljeet Singh) to the extent the impugned order allows the application of the respondent - plaintiff under Order VIII Rule 1 of the Code of Civil Procedure, 1908 ("CPC") and rejects the application of the petitioners - defendants under Order VII Rule 11 CPC:
"27.11.2018
Through this common order, both the applications, one filed by the defendants under Order 7 Rule 11 read with Section 151 CPC and another filed by the plaintiff no.l under Order 8 Rule 1 CPC shall be disposed off.
Present: Ld. Counsel for the plaintiff.
Arguments have already been heard.
It is contended by the defendants that the suit is without a
Courts must provide reasoned orders when deciding procedural applications to uphold fair trial rights and ensure proper judicial process.
Strict adherence to procedural deadlines for filing written statements is essential; ignorance of law does not excuse late filings.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
The striking off of a defendant's defence due to late filing of a written statement, despite court's extension, is unjustifiable, and such extensions are regarded as directory rather than mandatory, ....
The court held that procedural unfairness due to technical irregularities can justify allowing the filing of Written Statements after delays, emphasizing the importance of justice over procedural str....
The time limit for filing a written statement under Order VIII Rule 1 is directory, allowing courts discretion to extend deadlines based on case circumstances.
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
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