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KARAMJIT SINGH
Phool Chand – Appellant
Versus
Prem Singh – Respondent
JUDGMENT
Mr. Karamjit Singh, J.
The present petition has been filed by the petitioners/ defendants against the order dated 15.05.2023 (Annexure P-1) passed by the Court of learned Civil Judge (Jr.Divn.), Patiala whereby an application filed by the respondent/ plaintiff for striking off the defence of the petitioners on account of non filing of written statement within prescribed statutory period, was allowed.
2. The counsel for the petitioners submits that on receiving the notice of suit, petitioners appeared before the learned trial Court for the first time on 06.10.2022 and thereafter time was granted to them to file written statement and petitioners filed written statement on 16.03.2023 and the same was taken on record by the learned trial Court. The counsel for the petitioners further submits that delay in filing of the written statement occurred as in the interregnum period petitioners filed one application to direct the respondent/ plaintiff to submit site plan with better particulars regarding site in dispute. That after the filing of written statement, respondent/ plaintiff filed an application to strike off the defence of the petitioners as they failed to file written state
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 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.
Parties should be allowed to file written statements to ensure cases are adjudicated on merits, not mere technicalities, provided justifiable reasons for delays are shown.
In non-commercial disputes, the timelines for filing a written statement are directory, allowing court discretion to grant extensions.
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.....
Delay in filing the written statement can be condoned in deserving cases, subject to compensatory cost, and disputes should be resolved on merits rather than technicalities.
Procedural law should advance substantial justice, and in case of conflict, the court should lean towards substantial justice.
The court ruled that a party's right to file a written statement should not be denied due to delay, provided costs are imposed, emphasizing the importance of a fair trial.
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