Gulshan vs Asha Taneja

Jasbir Singh, J.—Vide order under challenge, defence of the petitioner-defendant was struck off on account of his failure to file the written statement in time.

It is apparent from the records that the written statement was filed on 28.2.2005 i.e. beyond the period of 90 days. This Court feels that while passing the order referred to above a very strict and technical view has been taken by the Court below, in interpreting the provisions of Order VIII, Rule 1 of C.P.C.

This Court feels that present is a case where one more opportunity could have been granted to the petitioner to put on record his written statement, rules and Procedure are handmaid of justice to enhance the same and not to subvert it.

Their Lordships of Supreme Court in S. Amarjit Singh Kalra (dead) by Lrs. and Others and Smt. Ram Piari (dead) by L.Rs. and Others Vs. Smt. Pramod Gupta (dead) by Lrs. and Others, in para 26 of the judgment had opined as under:

Laws of procedure are meant to regulate effectively, assist and aid the object of doing substantial and real justice and not to foreclose even an adjudication merits of substantial rights of citizen under personal property and other laws. Procedure has always been viewed as the handmaid of justice and not meant to hamper the cause of justice or sanctify miscarriage of justice.

In Kailash Vs. Nanhku and Others, , and G.K. Auto Engineers Vs. State of Punjab and Others, it has been held by their Lordships of Supreme Court that provisions or Order VIII Rule 1 of C.P.C. are directory and not mandatory in nature.

In view of the fact that written statement had already been filed on record, trial Court was required to validate the same may be by imposing some costs upon the petitioner/defendant.

In view of the reasons given above, this revision petition is allowed and the order under challenge is set aside and trial Court is directed to treat the written statement filed by the petitioner as having been filed in time.

Order passed is subject to payment of Rs. 3,000/- as costs to be paid by the petitioner to the respondent on the next date of hearing before the trial Court.