Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court
Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge (Sr. Divn.), Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement after...
Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge (Sr. Divn.), Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement after exercising due circumspection and if it appears that the defendant has attempted to engage in dilatory tactics, the Courts should nip the same unhesitatingly.
The provisions of Order 8 Rule 1 of the CPC no doubt are directory in nature, however, at the same time the Courts must exercise their discretion to condone the delay, if any, in filing the written statement after exercising due circumspection and in case there appears to be an attempt on the part of the defendant to engage in dilatory tactics, the Courts should nip the same unhesitatingly.
The bench comprising Justice Manjari Nehru Kaul while allowing the petition, noted that the petitioners were granted four opportunities to file their written statement, however, they failed to do so.
Adverting to the case in hand, the petitioners were granted four opportunities to file their written statement, however, they failed to do so.
The court further added that if they are not granted one more opportunity, they would suffer irreparable loss which in turn would result in the miscarriage of justice.
Be that as it may, if the petitioners are not granted one more opportunity to file their written statement, they would suffer irreparable loss which in turn would result in the miscarriage of justice.
Therefore, for just and proper adjudication of the case, the Court granted one last effective opportunity to the petitioners to file their written statement in default of which, the case shall not be adjourned any further for filing of their written statement, and consequently their defense shall be deemed to be struck off.
Therefore, for just and proper adjudication of the case, this Court deems it appropriate to grant one last effective opportunity to the petitioners to file their written statement.
Case Title : Paro and others v. Mahindo
Citation: 2022 LiveLaw (PH) 111