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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Arvind Kumar Jalota – Appellant
Versus
Rakesh Kumar Goyal – Respondent
JUDGMENT :
Alka Sarin, J.
The present revision petition has been filed challenging the order dated 13.12.2024 passed by the Rent Controller vide which the defence of the tenant-petitioner was struck off for non-filing of the reply to the rent petition.
2. Learned counsel for tenant-petitioner has contended that given one opportunity, the tenant-petitioner would file his reply on or before the next date of hearing fixed before the Rent Controller concerned.
3. Per contra, learned counsel for the landlord-respondent would contend that despite having put in appearance on 04.11.2022, the reply to the rent petition was not filed on the pretext that the tenant-petitioner wanted to challenge the order dismissing his application under Order VII Rule 11 CPC. Learned counsel would further contend that even the provisional rent has not been assessed till date and the last rent paid was only in July 2019.
4. Heard.
5. The Hon'ble Supreme Court in the case of Desh Raj vs. Balkishan (D) through proposed LR Ms. Rohini [2020 (1) RCR (Civil) 807] has held as under :
'ANALYSIS & CONCLUSION
11. At the outset, it must be noted that the Commercial Courts Act, 2015 through Section 16 has amended the CPC in its
In non-commercial disputes, courts maintain discretion to condone delays in filing written statements, ensuring justice between parties.
In non-commercial disputes, the timelines for filing a written statement are directory, allowing court discretion to grant extensions.
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.
The time for filing a written statement under Order 8, Rule 1 CPC is directory, allowing courts discretion to grant extensions under exceptional circumstances.
The court emphasized that filing documents at a belated stage would not prejudice either party and did not violate the Code of Civil Procedure.
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.
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