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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Raj Kumar – Appellant
Versus
Jaswant Singh – Respondent
| Table of Content |
|---|
| 1. challenge to order for not filing written statement (Para 1 , 2 , 3) |
| 2. petitioners seek opportunity to file written statement (Para 4 , 5) |
| 3. court allows petitioners to present their case (Para 6 , 7 , 8 , 10) |
| 4. guidelines on filing written statements under cpc (Para 9) |
| 5. revision petition allowed, defense reinstated (Para 11) |
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
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.
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