SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(Del) 720

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Paramjit Singh – Appellant
Versus
Hardaman Singh Anand – Respondent


Advocates Appeared:
For the Appellant :Mr. Hrishikesh Baruah, Mr. Kshitij Palliwal, Mr. Sumit Saini, Mr. Prabhpreet Singh Wadhwa, Mr. Vipul Biala and Mr. Utkarsh Dwivedi, Advocates.
For the Respondents:Mr. Prashant Mehta, Mr. Dhruv Chawla, Mr. Vaibhav Chawla and Ms. Aadya Sinha, Advocates, Mr. Siddharth A. Advocate, Mr. Aviral Tiwari, Advocate, Mr. Dhiraj Sachdeva, Advocate.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The appeal concerns the calculation of limitation periods for filing replications after written statements in a civil suit, specifically whether court vacations should be excluded from the limitation period (!) (!) .

  2. The relevant rules specify that the period for filing a replication is 30 days, with an extension of up to 15 days available for exceptional and unavoidable reasons, provided costs are paid (!) (!) .

  3. The rules also clarify that the calculation of days excludes the day on which the period begins and considers whether the last day falls on a court holiday or closure, in which case the period is extended to the next working day (!) (!) .

  4. The appellant argued that court vacations should be excluded from the limitation period, meaning that if the last day of the period fell during a vacation, the period should be extended until the court reopens (!) (!) .

  5. The respondents contended that the limitation period is to be calculated based on the functioning of the court registry, which remains open for filings during vacations, and that the period should not be extended solely because the court judges are not sitting (!) (!) .

  6. The court analyzed the rules and relevant legal principles, concluding that the registry's operational status during vacations is crucial. The period of limitation does not automatically get extended during court vacations if the registry remains open for filings (!) (!) .

  7. The court emphasized that the limitation period is governed by the statutory provisions, which specify that limitation expires on the last day of the period unless it falls on a day when the court is closed, in which case it is extended to the next working day when the registry is operational (!) (!) .

  8. The court clarified that the exclusion of days during vacations applies only to days when the court registry is closed, not merely when judicial sittings are not held. The registry's operational status during vacations is the determining factor (!) (!) .

  9. The order rejected the appellant’s contention that the entire vacation period should be excluded, affirming that limitation periods are to be calculated harmoniously with the rules and statutory provisions, discouraging indolence and ensuring procedural discipline (!) (!) .

  10. The appeal was dismissed, confirming that the delay in filing the replications was not justified by the vacation period and that the applications for condonation of delay were rightly rejected (!) (!) .

Would you like a concise summary or specific advice based on these key points?


JUDGMENT :

HARISH VAIDYANATHAN SHANKAR, J.

1. The present appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, [CPC] read with Section 10 of the Delhi High Court Act, 1966, impugns the Order dated 06.05.2025, [Impugned Order] passed by the Signature Not Verified learned Single Judge of this Court in CS(OS) 166/2023 titled as Paramjit Singh vs. Hardaman Singh & Ors.

2. Issue notice. Notice is accepted by Mr. Prashant Mehta, Advocate on behalf of Respondent Nos.1(A), 2 & 3, Mr. Siddharth A., Advocate on behalf of Respondent No.2, Mr. Aviral Tiwari, Advocate on behalf of Respondent No.4 and Mr. Dhiraj Sachdeva, Advocate on behalf of Respondent Nos.5 & 6.

3. The short question that arises in the instant appeal relates to the time period within which the replications on behalf of the Plaintiff/Appellant herein, to the written statements on behalf of Defendant/Respondent Nos. 1, 2 and 3; and Defendant/Respondent Nos. 5 and 6 had to be filed.

4. The relevant facts which led up to the filing of this appeal are stated hereinbelow :

A. A civil suit was filed by the Plaintiff/Appellant herein seeking declaration of the Appellant’s share in the estate in question, for rendition of b



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top