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RAJESH SEKHRI
Guru Dutt – Appellant
Versus
Siddhant Daluja – Respondent
JUDGEMENT
1. Petitioners have invoked writ jurisdiction of this Court to assail Order dated 15.03.2019 passed by learned 1st Civil Subordinate Judge (Special Municipal Mobile Magistrate), Jammu (trial Court, for short) vide which defence of the petitioners came to be struck of in a Suit titled 'Sh. Siddhant Daluja v. Guru Dutt and Ors.'
2. Before grounds of challenge urged in the petition are adverted to, it shall be expedient to have an overview of some uncontroverted facts of the case.
3. A civil Suit came to be filed by respondent No. 1/plaintiff against petitioners/defendants. Defendants entered appearance in the trial court of their own on 30.03.2017 and were directed to file written statement. On 01.05.2017 none appeared for the defendants and they were awaited. On 05.07.2017, time for filing written statement was extended by the trial court in the presence of learned counsel for the plaintiff. On 25.08.2017, none appeared for the plaintiff and he was awaited by the trial court. On 09.10.2017, time for filing written statement was again extended by the trial court in the presence of learned counsel for the plaintiff and case was adjourned for 04.12.2017. However, written stateme
The striking off of a defendant's defence due to late filing of a written statement, despite court's extension, is unjustifiable, and such extensions are regarded as directory rather than mandatory, ....
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 court held that procedural unfairness due to technical irregularities can justify allowing the filing of Written Statements after delays, emphasizing the importance of justice over procedural str....
The court has discretionary power to condone the delay in filing the written statement, subject to a stricter yardstick for non-commercial suits, and the defendant should be given an opportunity to e....
The court ruled that the limitation for filing a written statement is strict and can only be extended in exceptional circumstances, which were not present in this case.
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....
The court held that the provisions of Order VIII Rule 1 CPC are directory, allowing written statements to be filed beyond prescribed delays in exceptional circumstances, particularly to serve the int....
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.
(1) Written statement in a commercial suit – Limitation period – Power, authority and jurisdiction of Court to extend time to file written statement mandatorily ceases after said mandated 120 days.(2....
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