The High Court of Punjab and Haryana, while dealing with a petition against the order made by the Learned Additional Civil Judge (Sr. Divn.), Ferozepur by which the petitioner’s defense was struck out, has held that the provisions of Ordinance 8 Rule 1 of the CPC are repertory in nature, however, courts should exercise their discretion to condone the delay in filing the written statement after exercising circumspection and if it appears that the defendant attempted to engage in delaying tactics, the courts should stifle the same without hesitation.
The provisions of CPC Order 8 Rule 1 are undoubtedly directive in nature, however, at the same time, courts must exercise their discretion to condone delay, if any, in filing the written statement after having exercise caution and in case there appears to be an attempt on the part of the defendant to indulge in delaying tactics, the courts should quell the same without hesitation.
The bench comprising Judge Manjari Nehru Kaul while allowing the motion, noted that the petitioners had four opportunities to file their written statement, but failed to do so.
According to the case in question, the applicants had four opportunities to file their written statement, but they did not do so.
The court further added that if they were not given another option, they would suffer irreparable loss which, in turn, would result in a miscarriage of justice.
In any event, if the petitioners are not given a further opportunity to file their written statement, they will suffer irreparable harm which, in turn, will result in a miscarriage of justice.
Therefore, for a fair and proper adjudication of the case, the Court granted a last effective opportunity to the petitioners to file their written statement failing which, the case will not be further adjourned for the filing of their written statement, and therefore their defence. will be deemed expunged.
Therefore, for a fair and proper adjudication of the case, this Court deems it appropriate to grant a final effective opportunity to the petitioners to file their written statement.
Case Title: Paro and Others v. Mahindo
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