Punjab-Haryana High Court
Municipal Corporation Gurugram vs Bijender Singh And Others on 14 December, 2023
Author: Karamjit Singh
Bench: Karamjit Singh
Neutral Citation No:=2023:PHHC:160459
CR-7541-2023 [1] 2023:PHHC:160459
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-7541-2023
Date of decision: 14.12.2023
Municipal Corporation, Gurugram ...Petitioner
Versus
Bijender Singh and others ...Respondents
CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH
Present: Mr. Arvind Seth, Advocate for the petitioner.
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KARAMJIT SINGH, J. (ORAL)
1. The present revision petition has been filed by the
petitioner/defendant No.5 seeking setting aside off order dated 23.08.2022
Annexure P-2 whereby on account of non filing of written statement, within
the statutory period, the defence of petitioner was struck of and order dated
31.08.2023 Annexure P-6 whereby the application filed by the petitioner for
review of order Annexure P-2 was dismissed by the Court of Civil Judge
(Junior Division), Gurugram in Civil Suit No.673 of 2021 titled Bijender
Singh Vs. Smt. Saroj Kumari and another.
2. The counsel for the petitioner submits that on receiving the
notice of suit, petitioner appeared before the learned trial Court through its
counsel for the first time on 11.02.2021 and that time the Courts were
working in a restricted mode due to spread of COVID-19 infection and when
the situation became normalized, the suit was adjourned from time to time
for effecting service of remaining defendants and as such the petitioner
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failed to file written statement within the prescribed statutory period and
finally its defence was struck off by the learned trial Court vide order dated
23.08.2022 (Annexure P-2). Subsequently, the petitioners filed an
application for review/ recall of the said order dated 23.08.2022 but the same
was dismissed by the learned trial Court vide order dated 31.08.2023
(Annexure P-6). The counsel for the petitioner further submits that there was
no intention on the part of the petitioner to prolong the proceedings in the
suit. The counsel for the petitioner further made prayer that one last
opportunity be given to the petitioner to file the written statement as the suit
is at its initial stage and thus, no prejudice is going to be caused to the
plaintiff/ respondent.
3. I have considered the submissions made by counsel for the
petitioners.
4. Proviso to Rule 1 Order 8 CPC is directory and not mandatory
in nature and the time limit provided under statute for filing the written
statement in civil proceedings could be extended by the Court. In Bharat
Kalra Vs. Raj Kishan Chhabra 2022(3) Apex Court Judgments (SC)
598, the Hon'ble Supreme Court condoned delay of 193 days in filing of
written statement. Again the Hon'ble Apex Court in Raj Process
Equipments & Systems Pvt. Ltd. & Ors. Vs. Honest Derivatives Pvt.
Ltd. 2023(1) RCR(Civil) 511 has reiterated that the time limit provided
under statute for filing of a written statement is directory and not mandatory
in nature.
5. Further, it is settled law that the procedural laws are meant for
imparting substantial justice and should not be invoked to obstruct the
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judicial proceedings simply on hyper-technical grounds.
6. In light of the above, this Court is of the considered opinion that
the impugned orders are liable to be set aside. Consequently, without
commenting on the merits of the case, the instant revision petition is allowed
and impugned orders Annexure P-2 and Annexure P-6 are set aside and
petitioner is granted one opportunity to file written statement subject to cost
of Rs.10,000/- which is to be deposited with the District Legal Services
Authority, Gurugram by the next date of hearing.
7. Keeping in view the nature of order being passed, no notice is
required to be issued to the respondent No.1. However, if he feel dis-satisfied
with this order, he may move an application to recall the same.
14.12.2023 (KARAMJIT SINGH)
Yogesh JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
Neutral Citation No:=2023:PHHC:160459
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