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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAVINDER DUDEJA, J
Walnut Pictures – Appellant
Versus
Rajyesh Patni – Respondent
JUDGMENT :
RAVINDER DUDEJA, J.
1. The present petition under Article 227 of the Constitution of India impugns the order dated 21.05.2024, passed by the learned District Judge, Commercial-06 (South East), Saket Court, New Delhi in CS (COMM) 409/2023, titled as, Rajyesh Kumar Patni vs. Walnut Pictures & Ors.
2. On 03.07.2023, the learned Trial Court issued directions for issuance of summons to the petitioners and the matter was adjourned for 03.10.2023.
3. On 03.10.2023, the attendance of counsel for petitioners stands recorded in the order-sheet of the date.
4. The petitioners did not file the Written Statement [hereinafter “WS”] and therefore, on the next date i.e. 09.11.2023, the right of the petitioners to file the WS was closed in the light of law laid down by the Hon’ble Supreme Court in SCG Contracts India Pvt. Ltd. vs. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors.
5. Petitioners tried to file the WS alongwith supporting affidavit, statement of truth, affidavit of admission/denial and application for condonation of delay on 28.11.2023. After removal of defects marked by the Registry, fresh e-filing was done on 29.11.2023 and the hardcopy of WS was filed in learned Trial Court on 30
The court emphasized a liberal approach in condoning delays in filing written statements to ensure justice is served, rather than adhering strictly to technicalities.
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
(1) Un-condonable delay - Un-condonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit....
The court determined that administrative negligence is insufficient to warrant the condonation of significant delays in legal proceedings; strict adherence to limitation laws is paramount.
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