JATIN B. GHATGE AND ANR. vs HARISH CHANDER GHATGE

Judgment text excerpt

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:24thFebruary, 2026 + CM(M) 579/2025 &CM APPL. 18192/2025 (for Stay) JATIN B. GHATGE AND ANR. .....Petitioners Through: Mr. Puneet Jaiswal and Mr. Sandeep Sehrawat, Advs. versus HARISH CHANDER GHATGE .....Respondent Through: Mr. Dhananjai Jain and Mr. Naveen Rai, Advs. (through VC) CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed by the petitioners under Article 227 of the Constitution of India, 1950, assailing the order dated 06th March, 2025, passed by the learned Trial Court in case no. CIV DJ No. 433/2024, whereby an application of the petitioners under Order VIII Rule 1 of Code of Civil Procedure, 1908 for condonation of delay in filing written statements has been dismissed. 3. I have heard the learned Counsels for the parties and perused the record. 4. Perusal of the record shows that the petitioner no.1/defendant no.2 was served on 27th July, 2024 and petitioner no.2/defendant no.4 was served on 08th July, 2024. Signature Not Verified Signed By:VAISHALI CM(M) 579/2025 Page 1 of 3 CHAUHAN Signing Date:25.02.2026 11:21:48 5. Learned counsel for the petitioners submits that the petitioner no.1 has filed the written statement on 11th December, 2024 and the petitioner no. 2 has filed the written statement in January, 2025. 6. Order VIII Rule 1 of CPC reads as under: “1. Written Statement.— The Defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence: Provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day,