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IN THE HIGH COURT OF DELHI AT NEW DELHI
HARISH VAIDYANATHAN SHANKAR, ANIL KSHETARPAL
Shantanu Prakash – Appellant
Versus
Doris Chug Gim Lian – Respondent
JUDGMENT :
HARISH VAIDYANATHAN SHANKAR J.
1. The present Appeals are filed against the common Judgment of the learned Single Judge dated 23.01.2025 in O.A. No. 226/2024 & O.A. No. 227/2024 in CS (OS) No. 655/2017.
2. By the said judgment, the learned Single Judge adjudicated upon the aspect of whether the delay in filing the Written Statement beyond the maximum prescribed period of 120 days, as stipulated under Rule 4 of Chapter VII of the Delhi High Court (Original Side) Rules, 2018, [High Court Rules.], can be condoned. The said judgment was rendered in challenges raised by the Appellants herein before the learned Single Judge from the reasoned order dated 05.11.2024 passed by the learned Joint Registrar.
3. Since the learned counsel for the Appellant has contended that the issue raised herein is primarily a question of law, this Court does not deem it necessary to set out the factual matrix of the entire dispute, except to the extent relevant for the purpose of adjudicating the present lis.
CONTENTIONS OF THE APPELLANT:
4. The learned Senior Counsel for the Appellant would rely upon the following points in support of the challenge mounted herein.
A. The learned Senior Counsel submits t
Delay in filing Written Statements beyond stipulated period cannot be condoned under current law.
Point of Law : Civil Law – Condonation of Delay - Extension of time for filing written statement - Court must be satisfied that the defendant was prevented from a sufficient cause for exceptional and....
The main legal point established in the judgment is the limitation on extending the filing period for written statements under CPC, 1908, and the impact of the COVID-19 pandemic on limitation periods....
The court affirmed that procedural rules regarding the filing of written statements can be interpreted flexibly to ensure justice, allowing extensions in exceptional circumstances.
The main legal point established in the judgment is that the time for filing a written statement should be reckoned from the date of the order disposing of the application under Order VII Rule 11 of ....
The court may condone delays in filing written statements due to extraordinary circumstances, such as the Covid-19 pandemic, emphasizing the need for flexibility in applying limitation laws.
The main legal point established in the judgment is that the time limit for filing a written statement under the Civil Procedure Code should be treated as directory, and the court should balance the ....
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