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ALKA SARIN
Eldeco Jalandhar Properties Pvt. Ltd. – Appellant
Versus
Eldeco Greens Residents Welfare Society (Regd. ) – Respondent
| Table of Content |
|---|
| 1. filing of revision petition under article 227. (Para 1 , 2 , 3) |
| 2. arguments regarding filing written statement. (Para 4 , 5) |
| 3. final order and permission for filing written statement. (Para 6 , 9 , 10) |
| 4. analysis on written statement delays. (Para 7 , 8) |
Judgment
Mrs. Alka Sarin, J.
The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 20.09.2022 (Annexure P-1) whereby the defence of the defendant-petitioners has been struck off.
2. Notice of motion.
3. Mr. Vipan Kumar Sharma, Advocate accepts notice on behalf of the plaintiff-respondent.
4. Learned counsel for the petitioners would contend that the written statement is now ready and would be filed on the next date of hearing and that no prejudice would be caused to the plaintiff-respondent and further that the defendant-petitioners are also willing to compensate the plaintiff-respondent by way of costs.
5. Per contra, learned counsel for the plaintiff-respondent has contended that despite availing several opportunities the written statement was not filed and hence the defence has rightly been struck off.
6. Heard.
7. Hon’ble Supreme Court in the case of D
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.
Section 15 of Act, 2015 deals with transfer of pending cases.
Point of Law : Honourable Supreme Court has held that amended provisions of Orders V and VIII of Code are mandatory.
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