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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Swarnjeet Singh – Appellant
Versus
Akash Kumar – Respondent
JUDGMENT :
Alka Sarin, J.
CM-18099-CII-2025
1. This is an application for pre-poning the date of hearing of the main petition from 10.12.2025 to some early date.
2. Learned counsel for the respondent states that he has no objection if the present application is allowed.
3. In view of the above, the present application is allowed and the date of hearing of the main petition is pre-poned. With the consent of the learned counsel for the parties, the main petition is taken on Board today itself. CR-4152-2024
4. The present revision petition has been filed challenging the order dated 03.07.2024 passed by the learned Additional Civil Judge (Senior Division), Hathin whereby the defence of the defendant-petitioner was struck off for non-filing of the written statement despite a period of 90 days having elapsed.
5. Learned counsel for the defendant-petitioner would contend 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.
6. Per contra, learned counsel for the plaintiff-respondent would contend that despite the period of 90 days having elapsed from the date
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 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 main legal point established in the judgment is the requirement for the defendant to file the written statement within the prescribed period, the consequences of failing to do so, and the applica....
Cases should be considered and disposed of on merits rather than technicalities.
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