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ALKA SARIN
Radha Krishan – Appellant
Versus
Shibba Chabbra – Respondent
| Table of Content |
|---|
| 1. revision petition challenges order striking off defence. (Para 1) |
| 2. arguments for and against tenant's request. (Para 2 , 3) |
| 3. order viii rule 1 cpc is directory, not mandatory. (Para 5 , 6) |
| 4. tenant granted opportunity to file written statement. (Para 7 , 8) |
JUDGMENT
Mrs. Alka Sarin, J. (Oral)
The present revision petition has been preferred challenging the order dated 24.11.2022 passed by the Rent Controller whereby the defence of the tenant-petitioner has been struck off for not filing his written statement despite numerous opportunities.
2. Learned counsel for the tenant-petitioner would contend that the tenant-petitioner had put in appearance on 23.02.2022. It is further the contention that the matter was pending before the Mediation and Conciliation Centre, when an application was filed by the landlord-respondent for striking off the defence. Learned counsel has further contended that given one opportunity, he would file the written statement on the next date of hearing fixed before the Trial Court i.e 18.04.2023 and he is willing to compensate the landlord-respondent by ways of costs.
3. Per contra, learned counsel for the landlord-respondent has contended t
In non-commercial disputes, courts maintain discretion to condone delays in filing written statements, ensuring justice between parties.
In non-commercial disputes, the timelines for filing a written statement are directory, allowing court discretion to grant extensions.
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.
The time for filing a written statement under Order 8, Rule 1 CPC is directory, allowing courts discretion to grant extensions under exceptional circumstances.
The time limit for filing the written statement under Order VIII Rule 1 of CPC is not mandatory for suits not governed by the Commercial Court Act, 2015, as established in the judgment of 'Kailash V.....
The court ruled that the provision under Order 8, Rule 1 CPC is directory, allowing extensions for filing written statements in justified circumstances, emphasizing fairness in the judicial process.
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