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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Raj Kumar – Appellant
Versus
Jaswant Singh – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
1. The petitioners assail the order dated 21.10.2024 (Annexure P-8) passed by learned Court of Civil Judge (Jr. Divn.), Kalka, vide which the defence of the petitioners (defendants) was struck off on account of the written statement not having been filed.
2. A suit for permanent injunction restraining the petitioners (defendants) from encroaching, blocking the passage/rasta, referred to in the plaint, was filed by the respondent-plaintiff.
3. Notice in the said suit was issued on 15.09.2023 (Annexure P-2) for 19.09.2023. The petitioners-defendants put in appearance before the trial Court on 19.09.2023 but despite repeated opportunities did not file the written statement. Ultimately, vide the impugned order dated 21.10.2024, the defence of the petitioners having been struck off.
4. Learned counsel for the petitioners submits that non-filing of the written statement was on account of certain circumstances which were beyond the control of the petitioners-defendants and that only because the signatures of one of the petitioners namely Babu Singh could not be obtained, the written statement could not be filed.
5. Learned counsel submits that on 21.10.2024, the d
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.
Procedural law is directory in nature, and the court must protect the substantial rights of the defendant.
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.
Procedural law should advance substantial justice, and in case of conflict, the court should lean towards substantial justice.
The right to file a written statement is forfeited if not submitted within the statutory period, and courts lack discretion to extend this period.
The provisions of Order VIII Rule 1 of C.P.C. are directory, allowing courts discretion to extend time for filing written statements.
The provision for filing a written statement within 90 days is not mandatory, and the court can permit filing of the written statement even after the period of 90 days if sufficient reasons are given....
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