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january 2020

Supreme Court of India · 2020-01-20

DESH RAJ vs BALKISHAN (D) THROUGH PROPOSED LR MS. ROHINI

Citation / case number
SC 2018/48128
Court
Supreme Court of India
Petitioner
DESH RAJ
Respondent
BALKISHAN (D) THROUGH PROPOSED LR MS. ROHINI
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE B.R. GAVAI, HON'BLE MR. JUSTICE SURYA KANT

Judgment text excerpt

The Supreme Court upheld the Delhi High Court's order dismissing the appellant's revision petition against the Civil Court's decision to close his right to file a written statement under Order VIII Rule 1 of the Code of Civil Procedure, 1908. The Court emphasized that the appellant had been granted multiple opportunities to file his written statement but failed to do so within the prescribed 120 days, thus justifying the striking off of his defense. The ruling reinforces the principle that courts have no discretion to extend the time for filing written statements beyond the stipulated period.

DESH RAJ vs BALKISHAN (D) THROUGH PROPOSED LR MS. ROHINI · Niyam