In Brief
Two brothers and co-owners of ancestral property in Delhi dispute the sale of the appellant's floor. The respondent sued for specific performance of an agreement to sell. The appellant's counsel repeatedly failed to file a written statement despite multiple opportunities and deadlines set by the trial court. The trial court struck off his defence. The High Court upheld this, relying on case law applicable to commercial disputes. The Supreme Court held that while the High Court erred in applying commercial dispute precedent to this non-commercial property matter, the appellant's repeated failures to comply with court orders were unjustified. The Court dismissed the appeal but, exercising leniency, permitted the written statement to be filed subject to payment of costs."
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