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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DIVYESH A.JOSHI
Naresh Laxmandas Chablani – Appellant
Versus
Bhagvandas Pujaram Khatrani – Respondent
JUDGMENT :
DIVYESH A. JOSHI, J.
1. Rule. Learned advocate, Mr. Kaushal Jani waives service of notice of rule for respondent no.1.
2. By filing instant petition under Articles 226 and 227 of the Constitution of India as well as under the provision of the Civil Procedure Code, the petitioner, who is original defendant no.2, has challenge the order dated 08.12.2020 passed below Exh.18 by the learned Additional Sessions Judge, Court No.28, City Civil Court, Ahmedabad in Civil Suit No.2816/2015 as well as the order dated 08.12.2020 passed below Exh.19 by the learned Judge, Court No.28, City Civil Court, Ahmedabad in Civil Suit No.2816/2015, whereby learned Judge has not condoned the delay caused in filing the statement and reply to the notice of motion and also ordered to return the written statement and the reply to the notice of motion along with list of documents.
3. Heard learned advocate, Mr. Rathin Raval for the petitioner and learned advocate, Mr. Kaushal Jani for the respondent no.1.
4. Learned advocate for the petitioner submitted that the original plaintiff – respondent no.1 herein filed aforesaid civil suit inter alia praying for permanent injunction and recovery of vacant and pea
The court ruled that a party's right to file a written statement should not be denied due to delay, provided costs are imposed, emphasizing the importance of a fair trial.
Liberal approach in construing sufficient cause for condonation of delay and the importance of deciding matters on merits rather than technical grounds.
The provisions for filing written statements are directory, allowing for late submissions if satisfactory reasons for delay are provided.
Delay in filing the written statement can be condoned in deserving cases, subject to compensatory cost, and disputes should be resolved on merits rather than technicalities.
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 ....
Procedural law should advance substantial justice, and in case of conflict, the court should lean towards substantial justice.
The main legal point established is that the right to file a written statement in a civil suit may extend beyond the prescribed period, as supported by the Code of Civil Procedure, 1908 and relevant ....
The court upheld the dismissal of the writ petition due to the petitioner's failure to file written statements within the stipulated time, emphasizing adherence to procedural timelines.
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....
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