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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Alka Sarin, J.
Suresh Kumar – Appellant
Versus
Vinod Garg – Respondent
CR-1792-2022 (O&M)
Decided On : 15-07-2022
CIVIL REVISION PETITION - CIVIL PROCEDURE CODE - Section 151, Commercial Courts Act, 2015 - [SUMMARY OF ACT SECTIONS REFERENCED AND DISCUSSED]
Fact of the Case:
The tenant-petitioner filed a civil revision petition seeking to set aside the order striking off their defense and the subsequent dismissal of the application for recalling the order. The delay in filing the written statement was attributed to the tenant-petitioner's ill-health.
Finding of the Court:
The court granted one more opportunity to the tenant-petitioner to file the written statement, subject to the payment of costs to the landlord-respondent. The court also clarified that the order should not be a reason to condone any delay in making the payment of the provisional rent.
Issues: Delay in filing the written statement, application for recalling the order, and deposit of provisional rent.
Ratio Decidendi: The court relied on the Commercial Courts Act, 2015 and the provisions of the Code of Civil Procedure, 1908, as amended by the Act, to grant the tenant-petitioner one more opportunity to file the written statement. The court also emphasized the discretionary power of the courts to condone certain delays in non-commercial disputes.
Final Decision: The court disposed of the case accordingly, granting the tenant-petitioner one more opportunity to file the written statement and directing the payment of costs to the landlord-respondent. The court also clarified that the order should not be a reason to condone any delay in making the payment of the provisional rent.
JUDGMENT
Alka Sarin, J. (Oral) - This is a civil revision petition under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 (CPC) for setting aside the impugned order dated 22.05.2019 (Annexure P-3) passed by the Rent Controller, Kaithal striking off the defence of the tenant-petitioner as well as the order dated 16.11.2021 (Annexure P-6) dismissing the application for recalling the order dated 22.05.2019.
2. Learned counsel for the tenant-petitioner would contend that the tenant-petitioner had put in appearance on 13.02.2019 and due to his ill-health the written statement could not be filed and the defence was struck off vide order dated 22.05.2019. Learned counsel for the tenant-petitioner would further contend that the written statement is ready and in case one opportunity is granted to the tenant-petitioner, he would file his written statement within a period of one week from today.
Notice of motion.
3. Mr. Saurabh Garg, Advocate, who is present in Court, accepts notice on behalf of the landlord-respondent and has filed his memorandum of appearance.
4. Learned counsel for the landlord-respondent has pointed out that the tenant-petitioner did not file his written statement within the period of 90 days and after two months filed an application for recalling the order dated 22.05.2019 which was decided on 16.11.2021 and now the present revision petition has been filed on 03.05.2022. It is further the contention that meanwhile provisional rent has been assessed and the case is fixed for today i.e. 15.07.2022 for deposit of provisional rent.
Heard.
5. In the present case, delay in filing the written statement is stated to be on account of the reason that the tenant-petitioner was unwell. Learned counsel for the tenant-petitioner has made a categoric statement that in case one last opportunity is granted, the tenant-petitioner would file his written statement within a period of one week from today.
6. Hon'ble Supreme Court, in the case of Desh Raj vs. Balkishan (D) through proposed LR Ms. Rohini [(2020) RCR (Civil) 807] has held as under :
'ANALYSIS & CONCLUSION
11. At the outset, it must be noted that the Commercial Courts Act, 2015 through Section 16 has amended the CPC in its application to commercial disputes to provide as follows:
'16. Amendments to the Code of Civil Procedure, 1908 in its application to commercial disputes - (1) The provisions of the Code of Civil Procedure, 1908 (5 of 1908) shall, in their application to any suit in respect of a commercial dispute of a Specified Value, stand amended in the manner as specified in the Schedule.
(2) The Commercial Division and Commercial Court shall follow the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, in the trial of a suit in respect of a commercial dispute of a specified value.
(3) Where any provision of any Rule of the jurisdictional High Court or any amendment to the Code of Civil Procedure, 1908, by the State Government is in conflict with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), as amended by this Act, the provisions of the Code of Civil Procedure as amended by this Act shall prevail.'
12. Hence, it is clear that post coming into force of the aforesaid Act, there are two regimes of civil procedure. Whereas commercial disputes [as defined under Section 2(c) of the Commercial Courts Act, 2015] are governed by the CPC as amended by Section 16 of the said Act; all other noncommercial disputes fall within the ambit of the unamended (or original) provisions of CPC.
13. The judgment of Oku Tech (supra) relied upon the learned Single Judge is no doubt good law, as recently upheld by this Court in SCG Contracts India Pvt. Ltd. v. KS Chamankar Infrastructure Pvt. Ltd., AIR 2019 SC 2691, but its ratio concerning the mandatory nature of the timeline prescribed for filing of written statement and the lack of discretion with Courts to condone any delay is applicable only to commercia
The court emphasized the discretionary power of the courts to condone certain delays in non-commercial disputes and granted the tenant-petitioner one more opportunity to file the written statement.
In non-commercial disputes, courts maintain discretion to condone delays in filing written statements, ensuring justice between parties.
The court affirmed that the timelines for filing written statements are directory in non-commercial disputes, allowing the defendant an opportunity to submit his statement upon payment of costs.
In non-commercial disputes, the timelines for filing a written statement are directory, allowing court discretion to grant extensions.
The central legal point established in the judgment is the court's power to accept written statements beyond the specified period in appropriate cases, as per the provisions of the Haryana Urban (Con....
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