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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Raj Krishan Gupta – Appellant
Versus
Paramjit Singh – Respondent
JUDGMENT :
Alka Sarin, J.
The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 31.05.2024 passed by the learned Civil Judge (Junior Division), Kharar whereby the defence of the defendant-petitioner was struck off for non-filing of the written statement despite a period of 90 days (extended upto 169 days) having elapsed.
2. Learned counsel for the defendant-petitioner would contend that since an application had been filed under Section 21(1) of CPC where objection was raised qua territorial jurisdiction of the Court, the written statement could not be filed. Learned counsel, however, prays that given one opportunity, the defendant-petitioner would file his written statement and that the defendant-petitioner is also willing to compensate the plaintiff-respondent by way of costs.
3. Per contra, learned counsel for the plaintiff-respondent would contend that despite the period of 90 days (extended upto 169 days) having elapsed from the date of service of the summons, the defendant-petitioner failed to file his written statement and as such his defence was rightly struck off and no fault can be found with the impugned order
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.
In non-commercial disputes, the timelines for filing a written statement are directory, allowing court discretion to grant extensions.
Delay in filing a written statement can be condoned when within the overall condonable limits, prioritizing justice over technicalities.
Cases should be considered and disposed of on merits rather than technicalities.
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 interpretation of procedural rules regarding the filing of written statements and the discretion of the court to permit filing beyond the stipulated period based on sufficient cause.
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