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2024 Supreme(Online)(DEL) 22701
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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CM(M) 2226/2024
M/S TOP MOTOCOMPONENTS PVT LTD
..... Petitioner
Through:
Mr. Sahil Sharma and Mr. Rakesh
Wadhwa, Advs.
versus
AADITYA EMOTORS PVT LTD & ORS.
..... Respondents
Through:
None.
CORAM:
HON'BLE MS. JUSTICE SHALINDER KAUR
SAHIL SHARMA
A respondent is not entitled to lead his own evidence after his defence was struck off for failing to file a written statement.
Headnote:
Fact of the Case:
The petitioner filed a commercial suit under Order XXXVII CPC for recovery of Rs. 13,94,240/- along with interest against the respondent. The respondent appeared on service of summons but failed to file a written statement, therefore, his defence was struck off. The petitioner examined his witnesses wherein the respondent was granted the right to cross-examine the witnesses. However, the respondent now wants to lead his own defence, which has been permitted by the learned Trial Court.
Finding of the Court:
The court stayed the proceedings before the learned Trial Court till the next date of hearing.
Issues: Whether the respondent is entitled to lead his own evidence after his defence was struck off for failing to file a written statement.
Ratio Decidendi: The court relied on the judgment of the Hon'ble Supreme Court in the matter of “Modula India vs. Kamakshya Singh Deo (1988) 4 Supreme Court Cases 619” and another judgment of this Court in the matter of “Kulbhushan Seth vs. Seema Seth & Ors. 2008 SCC OnLine Del 203”.
Final Decision: The court stayed the proceedings before the learned Trial Court till the next date of hearing.
ORDER
% 28.03.2024 CM APPL. 18696/2024—Exp.
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 2226/2024
3. The present petition under Article 227 of the Constitution of India has been filed impugning the order dated 13.03.2024 passed by the learned District Judge-01, Central District, Tis Hazari Courts, Delhi in CS (Comm.)
No. 156/2019 titled as “Motoplast Components vs. Aaditya Emotors India Pvt. Ltd. & Ors.” whereby the respondents herein was granted right to lead his evidence.
4. Learned counsel for the petitioner submits that petitioner had filed a commercial suit under Order XXXVII CPC for recovery of Rs. 13,94,240/- along with interest against the respondent. Thereafter, the respondent has put appearance on service of summons but failed to file written statement, therefore, his defence was struck off. The petitioner has examined his witnesses wherein the respondent was granted right to cross-examine the witnesses. However, the respondent now wants to lead his own defence, which has been permitted by the learned Trial Court, which is impermissible under law as the respondents in such circumstances is not entitled to lead his own evidence and the cross-examination of witnesses / plaintiff is also having a limited scope.
5. Issue notice.
6. On taking fresh steps by the petitioner, let service be effected upon the respondents through all permissible modes including via approved courier service, returnable on 15.07.2024. CM APPL. 18697/2024—stay
7. The present application has been filed on behalf of the petitioner under Section 151 of the Code of Civil Procedure, 1908 seeking ex-parte / ad-interim stay of the proceedings before the learned Trial Court.
8. Learned counsel for the petitioner submits that the matter is listed before the learned Trial Court for recording the evidence of the defendant.
In these circumstances, the proceedings be stayed else the present petition shall become infructuous. Learned counsel has placed reliance on one judgment of Hon‟ble Supreme Court in the matter of “Modula India vs.
Kamakshya Singh Deo (1988) 4 Supreme Court Cases 619” and another judgment of this Court in the matter of “Kulbhushan Seth vs. Seema Seth & Ors. 2008 SCC OnLine Del 203”.
9. In view of the above, proceedings before the learned Trial Court are stayed till next date of hearing.
