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.