High Court Grants Final Opportunity for Filing Written Statement, Emphasizes Procedural Compliance
In a significant ruling, the High Court of Punjab and Haryana has granted a final opportunity to the petitioners in the case of Kanchan Rani and Another vs. Sadhna Aggarwal and Another to file their written statement. This decision comes after the petitioners’ defense was previously struck off by the Civil Judge (Junior Division), Ambala, due to non-filing within the stipulated time frame.
Justice Namit Kumar, presiding over the case, highlighted the importance of adhering to procedural timelines while accommodating exceptional circumstances. The judge stated, “Though Order 8, Rule 1 of the CPC is a part of procedural Law and hence directory, keeping in view the need for expeditious trial of civil cases, the time schedule contained in the provision is to be followed as a rule and departure therefrom would be by way of exception.”
The case, marked under CR No.5001 of 2023, revolved around a rent dispute where the petitioners failed to file a written statement in response to an eviction petition. Despite several opportunities granted by the court, the petitioners missed the deadlines, leading to the striking off of their defense.
In the ruling, the High Court considered various precedents, including the Supreme Court’s interpretation of Order 8, Rule 1 of the Civil Procedure Code. The apex court’s judgments have consistently emphasized that while procedural laws are generally directory, the courts must ensure that these procedures do not impede justice delivery.
The petitioners’ counsel argued that the non-filing was unintentional, citing factors like the District Bar Association’s resolution leading to abstention from work and the presiding officer’s absence on a scheduled hearing date as reasons for the delay.
Accepting the petitioners’ plea, Justice Kumar stated, “Comprehensive amendments were made in CPC in the year 2002 in Order 8, Rule 1 CPC… The Court should not, therefore, be too harsh to disallow filing of written statement.”
Date of Decision: 16.12.2023
Kanchan Rani and another VS Sadhna Aggarwal and another
