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WASIM SADIQ NARGAL
Kewal Krishan Sharma – Appellant
Versus
Rajinder Prasad Sharma – Respondent
JUDGMENT :
Wasim Sadiq Nargal, J.
1. Heard learned counsel for the parties and perused the record.
2. Admit.
3. Caveat No. 228/2023 shall stand discharged.
4. With the consent of learned counsel for the parties, the case is taken up for final disposal.
5. Through the medium of the present petition, the petitioner has invoked the jurisdiction of this court under Article 227 of the Constitution of India, assailing the order dated 25.01.2023 passed by the court of learned Sub-Registrar, Jammu, whereby the right of the petitioner to file the written statement has been closed and the case has been put up for the evidence of the respondent/plaintiff.
6. Learned counsel for the petitioner has further submitted that the respondent (plaintiff therein) filed a suit for ejectment, in order to evict the defendant (petitioner herein) from shop situated adjoining the gate of H. No. 312-A, Gandhi Nagar, Jammu known as Sharma Men's Wear Shop and the aforesaid shop is bounded as under:
West: Bounded by Main Road Apsara Road.
North: Bounded by Plot 311-A.
South: Bounded
The amended provision allowing 120 days to file a written statement under the CPC is applicable, and dismissal on procedural grounds without considering such amendment is unreasonable.
The court affirmed that defendants lose the right to file a written statement if not submitted within the prescribed 120 days, highlighting the necessity of adhering to procedural timelines in commer....
The main legal point established in the judgment is the requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
Defendants must file a formal application to extend time for the written statement beyond thirty days, as failure to do so results in forfeiture of the right to file.
The court established the discretion of the Commercial Court in accepting written statements in transferred suits and highlighted the applicability of the Commercial Courts Act, 2015 to suits filed b....
Mandatory provision of filing written statement within 120 days from receipt of summons in case of a commercial suit will not be applicable in case of a transferred suit.
The main legal point established in the judgment is that in commercial suits, the court does not have the power to condone the delay in filing the written statement beyond 120 days from the date of s....
The court holds that delays in filing additional written statements can be condoned under Rule 9 of Order VIII provided there is sufficient cause and no prejudice is caused to the opposing party.
Point of Law : provisions of the Commercial Courts Act, 2015 have to be strictly construed and if the provisions are given liberal interpretation, the object behind the enactment, of speedy disposal,....
The court emphasized the importance of complying with the provisions of the Code of Civil Procedure, 1908, and the Commercial Courts Act 2015, regarding the filing of written statements and the exten....
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