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SUKHVINDER KAUR
Naveen Dhawan – Appellant
Versus
Meenakshi Saini – Respondent
JUDGMENT
Sukhvinder Kaur, J.
The instant revision petition has been filed by petitioner against the order dated 21.05.2024 (Annexure P-8) passed by the Rent Controller, Ludhiana, vide which defence of the petitioner was struck off due to non filing of written statement.
2. Relevant facts leading to filing of the present revision petition are that the petitioner filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act for ejectment of the respondent from the suit property/demised shop.
3. Notice of the petition was served upon the respondent and he appeared in person on 10.05.2023. Thereafter the case was fixed for filing of the written statement by the revision petitioner for 10.05.2023. The matter was repeatedly adjourned for this purpose, but respondent did not file written statement despite lapse of about 5 months. Then one application under Order 11, Rule 14 CPC was filed by respondent on 25.10.2023 which was disposed of on 23.11.2023. Again written statement was not filed on 11.12.2023 and 22.12.2023 and respondent filed another application for admitting or denying the document and failed to file the written statement. On 21.05.2024, vide the impugned orde
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.
The time for filing a written statement under Order 8, Rule 1 CPC is directory, allowing courts discretion to grant extensions under exceptional circumstances.
In exceptional circumstances, the court can extend the time for filing the written statement to meet the ends of justice.
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....
The main legal point established in the judgment is that a party should be afforded sufficient opportunity to defend their case, and hyper-technical approaches that prejudice substantial rights shoul....
The main legal point established in the judgment is the importance of considering all relevant documents, particularly those supporting allegations of negligence, in the appellate process.
Point of law: In the event of any default in making any deposit, "the court may subject to the provisions of sub-rule (2) strike off his defence
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