The right to file a written statement can be struck off if a party fails to do so despite multiple opportunities, emphasizing the importance of timely justice.

JUDGMENT :

Bipin Chander Negi, J.

The present petition has been preferred against the impugned order dated 11.3.2024, whereby the right of the present petitioner to file reply had been struck off.

2. Heard counsel for the parties, perused the pleadings and documents appended with the petition.

3. The controversy in the case at hand needs to be understood in the context of relevant provisions of the civil procedure code, namely ORDER VIII Rule 1, ORDER XVII Rule 1 whereby written statement is required to be filed within ninety days from the date of service of summons and no more than three adjournment shall be granted to a party during hearing of the suit that to on showing sufficient cause respectively. The same are being reproduced herein below for a ready reference.

ORDER VIII Rule 1 reads as follows;

1. Written statement.— The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:

Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.

Order 17 Rule 1 reads as follows;

1. Court may grant time and adjourn hearing.— 1[(1) The court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing:

Provided that no such adjournment shall be granted more than three times to a party during hearing of the suit.]

4. Un-doubtedly procedure is a handmaid and not the mistress. Procedure has been codified in a procedural code in order to streamline the adjudicatory process inter-se the parties. The procedure prescribed is to ensure that a fair, reasonable, adequate opportunity is afforded to the parties to a lis to plead and prove their respective case. However procedure cannot be abused and proceedings cannot be un-necessarily protracted to the detriment of the opposing party.

5. Speedy trial requires an efficient justice dispensation system. In order to create an efficient justice dispensation system and maintain faith in rule of law, Courts are expected to be diligent and take timely action.

6. Delay, dilatory tactics ensure non-dispensation of timely justice, thereby, shaking the trust and confidence of a litigant in the justice delivery system, Courts are enjoined upon to perform their duties with the object of strengthening the confidence of a common man in the Institution entrusted with the administration of justice. Any effort which weakens the system and shakes the faith of the common man in the justice dispensation has to be discouraged.

7. The suit in the case at hand was filed on 29^th August, 2020. The present petitioner was the defendant No.1 in the suit so filed before the trial Court. He was served in the suit on 09.11.2021. Subsequent thereto, the matter was listed on 27.12.2021, 22.3.2022, 6.4.2022, 7.5.2022. Till 7^th May, 2022, no written statement had been filed on behalf of the present petitioner.

8. Vide order dated 07.05.2022, time was granted to the present petitioner/defendant No.1 to file his written statement on or before 16.06.2022. Thereafter the matter got listed on 16.6.2022, 28.8.2022, 28.10.2022. Till 28.10.2022, no written statement had been filed by the petitioner/defendant No.1. By way of a last opportunity vide order dated 28.10.2022, time to file written statement was afforded and the matter was posted on 18.11.2022.

9. On the aforesaid date (18.11.2022), the petitioner/defendant No.1 did not appear, hence he was proceeded against ex parte. Subsequent to having been proceeded against ex parte, the matter was listed before the trial Court on 20.1.2023, 8.5.2023, 18.5.2023, 26.6.2023, 5.8.2023, 18.9.2023 and 25.09.2023.

10. On 25.09.2023, an application fil