Supreme Court: Borrowers Retain Redemption Rights if Balance is Paid After Auction Deadline  ||  Supreme Court: Non-Confirmation of Seizure under Section 37A Impacts Adjudication Proceedings  ||  SC: Blacklisting After Contract Termination is Not Automatic and Needs Independent Review  ||  Grand Venice Fraud Case: Supreme Court Cancels Bail of Satinder Singh Bhasin  ||  SC: Senior Employee Cannot Claim Same Lesser Penalty As Subordinate; Bank Manager's Dismissal Upheld  ||  Madras HC: Governor Must Follow Cabinet's Advice on Remission Decisions, Regardless of Personal View  ||  Kerala High Court: Entrepreneurs Must Be Protected From Baseless Protests to Boost Industrial Growth  ||  J&K&L High Court: Second FIR Valid if it Reveals a Broader Conspiracy; 'Test of Sameness' is Key  ||  Supreme Court: Expecting a Minor to Respond to a Public Court Notice is ‘Perverse’  ||  SC: Order 23 Rule 1 CPC Applies to S. 11 Arbitration Act, Barring Fresh Arbiration After Abandonment    

Jitender Kumar Kushwaha vs. Albert Joseph & Anr. (Neutral Citation: 2024:DHC:2900) - (High Court of Delhi) (10 Apr 2024)

Time limit for filing the written statement is only directory and not mandatoryin non- commercial suits

MANU/DE/2710/2024

Civil

The present petition assails the impugned orders passed by Trial Courtwhereby the learned trial court did not take on record the written statement of the Petitioner in absence of any application for condonation of delay and subsequently, after filing the application for condonation of delay under Section 5 of limitation Act along with an application under Order VIII Rule 1 read with Section 151 of Code of Civil Procedure, 1908 (CPC), the same were dismissed thereafter.

Trial Court vide order had issued summons to the petitioner. The Petitioner entered appearance and requested for time to file the written statement, acceding to the request, the learned Trial Court granted 30 days time to the petitioner to file the written statement in the suit.

Notably, the time limit granted by the learned Trial Court to the Petitioner to file written statement expired on 4th August, 2022, being the 30th day, however, the Petitioner filed his written statement on 12th August, 2022 with a delay of eight days. Moreso, without an application seeking condonation of delay explaining the reasons caused for such delay. Thereafter, the learned Trial Court vide order took the written statement off the record.

The position of law is well settled and is no longer res-integra as held by the Supreme Court in catena of judgments that, in non- commercial suits, the time limit for filing the written statement is only directory and not mandatory. Furthermore, it is trite in law that the rules of procedure are handmaid of justice and the Court should aim to do substantial justice in a given matter, provided that the other party can be well compensated in terms of order of cost.

In view of the discussion and in the peculiar facts of this case, the written statement is allowed to be taken on record, subject to cost of Rs. 5,000 to be paid to the Respondent no. 1 before the learned Trial Court on the next date of hearing. Petition disposed of.

Tags : WRITTEN STATEMENT   TIME LIMIT   EXTENSION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved