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Supreme Court of India 2022-05-09 allowed

Bharat Kalra vs Raj Kishan Chabra

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court considered whether a defendant's delay of 193 days in filing a written statement in an injunction suit could be condoned. The suit was not governed by the Commercial Courts Act, 2015, so the mandatory time limit under CPC Order VIII Rule 1 did not strictly apply. The Court held that while such delays can be compensated through costs, completely denying the defendant the right to file a written statement is unreasonable. The Court allowed the appeal, set aside the High Court's order, and permitted the written statement to be filed on record, directing the trial court to expedite the proceedings.

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Civil Procedure Condonation of Delay Commercial Court Act

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