Bharat Kalra Vs. Raj Kishan Chabra as on 9 May 2022 , SC
In this case, a suit for injunction was filed by the plaintiff. The High Court upheld the Trial court order refusing to condone the delay of 193 days in filing of the written statement on the ground that there was “no plausible explanation and coherent reason” explaining the delay in filing the written statement
In appeal filed by the defendant, the Apex Court noted that the suit for injunction filed by the plaintiff is not the one which is governed by the Commercial court Act,2015. “Therefore, the time limit for filing of the written statement under Order VIII Rule 1 of CPC is not mandatory in view of the judgment of this Court reported ‘Kailash V. Nankhu & Ors.’ reported in (2005) 4 SCC 480. In view of the aforesaid judgment, we find that the delay in filling of the written statement could very well be compensated with cost but denying of the filling of the written statement is unreasonable” The double bench of Justices Hemant gupta and V. Ramasubramanian.
