Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Non-Compliance with Procedural Norms Unpardonable - Delhi HC Dismisses Petition for Delay in Filing Written Statement

07 May 2024 8:19 AM

By: Admin


In a firm reaffirmation of procedural discipline, the Delhi High Court dismissed a petition challenging the striking off of a defence due to delay in filing the written statement, underscoring the imperative of adhering to the prescribed timelines in legal proceedings.

Delhi High Court has upheld the orders passed by the learned District Judge in a commercial suit, striking off the petitioner’s defence for failing to file the written statement and accompanying documents within the prescribed time frame under the Code of Civil Procedure and the Commercial Courts Act.

Legal Point of the Judgement: The primary legal point addressed in this judgment pertains to the strict adherence to procedural timelines for filing written statements in commercial disputes, as mandated by Order VIII Rule 1 and Order VI Rule 15(A) CPC. The court emphasized the necessity of filing the written statement within 30 days, extendable up to 120 days with sufficient reasons and necessary affidavits, which the petitioner failed to comply with.

Facts and Issues: The petitioner, Nitin Kataria, challenged the orders dated 09.11.2022 and 25.03.2023 by the Trial Court, where his defence was struck off due to the non-filing of the written statement and accompanying documents within the stipulated time. The petitioner claimed that he was misled by an incorrectly uploaded court order on the E-Court website, leading to his non-compliance.

Court Assessment: The Court thoroughly analyzed the petitioner's claim and the pertinent legal provisions. The petitioner's argument that a wrong order was uploaded on the E-Court website, which allegedly misled him, was found unimpressive and non-diligent by the Court. The Court noted the mandatory nature of filing a written statement within the prescribed period under the CPC and the Commercial Courts Act. It was observed that no substantial evidence or appropriate steps were taken by the petitioner to rectify or seek clarification about the alleged misleading order.

Decision: Upholding the Trial Court’s decisions, the High Court dismissed the petition and accompanying applications, stating that the petitioner failed to provide justifiable reasons for the delay and non-compliance with procedural requirements.

Date of Decision: March 11, 2024

Nitin Kataria vs Varun Jain

Latest Legal News