CAUSE TITLE:
COSCO INTERNATIONAL PVT. LTD. VS JAGAT SINGH DUGAR
DATE OF ORDER:
6 April 2022
JUDGE(S):
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
PARTIES:
Petitioner: COSCO INTERNATIONAL PVT. LTD.
Respondent: JAGAT SINGH DUGAR
SUBJECT
The Court, in this case, held that nothing stood in the way of the written statement being taken on record because it was filed within the statutory term and the defect of non-filing of the affidavit of admission/denial was also repaired well within the allowable time period.
IMPORTANT PROVISIONS
- Chapter II Rule 5 read with S 151 of the Civil Procedure Code 1908
- Delhi High Court (Original Side) Rules 2018
BRIEF FACTS
- The defendant/applicant seeks to set aside the learned Joint Registrar's order dated 23.10.2020 declining to take the defendant's written statement on record through this appeal filed under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 read with section 151 of the Civil Procedure Code, 1908.
- The summons in the case was served on the defendant on September 22, 2018.16.10.2018:
- The defendant's counsel attended and was given a week to file a written statement.
- The format for the affidavit of admission/denial was announced on November 1, 2018.
- The defendant signed a written statement on October 16, 2018.
- 18.01.2019: In accordance with Diary No.83763 of 2019, a Written Statement was filed for the first time; however, it was not accompanied by an affidavit of admission/denial of documents.
- The 120-day period from the date of service on the defendant expired on January 19, 2019.
- Affidavit of admission/denial of papers filed on May 29, 2019.
QUESTIONS RAISED
Whether written statement filed within time of 120 days prescribed under Order V Rule 1(1) and Order V111 Rule 1 CPC and the only defect pointed-out subsequently was of not having filed the affidavit of admission/denial of documents along with the written statement be allowed or not?
ARGUMENTS ADVANCED BY THE APPELLANT
- The essential submission on behalf of the appellant/defendant is that the written statement in this case was filed within the 120-day period prescribed by Order V Rule 1(1) and Order VIII Rule 1 CPC; and the only defect pointed out later was the failure to file the affidavit of admission/denial of documents along with the written statement; which defect was also cured within 19 days of its discovery.
- As a result, it is contended that the contested order should be set aside and the written statement should be recorded.
- Mr. Asheesh Jain, Ld. Counsel has correctly pointed out that, pursuant to Unilin Beheer B.V. (supra), the 120-day deadline for filing admission/denial affidavits is not extendable, as stated in para 32 of the said judgment.10 of the CPC.
- In this case, because the written statement was filed inside the 120-day period, the Defendant's position on the materials has already been recorded. The only thing that hasn't been filed is a chart in the form that specifies whether the documents have been admitted or denied.
ARGUMENTS ADVANCED BY THE RESPONDENT
- Mr. Nishant Dutta, skilled counsel for the respondent/plaintiff, contends that the file was incomplete and non-est.
- Mr. Dutta cites Chapter VII Rules 3 & 4 of the Delhi High Court (Original Side) Rules 2018 to back up his claim, which are as follows:
“3. Affidavit of admission/ denial of documents along with written statement.
“4. Extension of time for filing written statement.-
- Mr. Dutta further points to the following observations made in Unilin Beheer B.V. vs. Balaji Action Build well, reported as 2019 SCC OnLine Del 8498, in support of his argument: "31. I thus hold that if the written statement is filed without an affidavit of admission/denial of documents, not only will the written statement not be taken on record, but the plaintiff's documents will also be deemed to be admitted, and the Court will be entitled to proceed under Order VIII Rule 1 on the basis of that admission."
ANALYSIS BY THE COURT
- Even in that case, the Co-ordinate Bench allowed the written statement (to the counter claim) to be taken on record subject to payment of costs, because the written statement and the affidavit of admission/denial of documents were filed within the maximum time period specified for the purpose under the law.
- As a result, para 31 must be applied only when the written statement is filed after the 120-day period has passed and the defect of not having filed an affidavit of admission/denial of documents is not cured within the maximum 30-day period allowed by law from the date the filing objection is brought to the party's attention.
CONCLUSION
- Nothing stands in the way of the written statement being taken on record because it was filed within the statutory term and the defect of non-filing of the affidavit of admission/denial was also repaired well within the allowable time period.
- Only a written statement filed without an accompanying affidavit of admission/denial of documents is subject to Chapter VII Rule 3.
- The filing of the written statement and having it recorded are two different things.
- As previously stated, both the written statement and the affidavit of admission/denial of documents were completed within the statutory, extended time frames in this case, but they were not filed together.
- Without delving into any other hypothetical issues that aren't relevant to this case, the plaintiff's argument does not merit acceptance. As a result, the impugned order dated October 23, 2020 is set aside.
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