In Brief
Two brothers in dispute over ancestral property filed a civil suit seeking specific performance of an agreement to sell. The defendant failed to file a written statement within statutory deadlines despite multiple extensions granted by the trial court. The High Court dismissed his petition, applying strict procedural rules designed for commercial disputes. The Supreme Court held that these strict rules apply only to commercial disputes; non-commercial property disputes retain judicial discretion to condone delays. However, the court found no basis to exercise this discretion due to the defendant's repeated inexplicable non-compliance and lack of diligence. The appeal was dismissed but the written statement was admitted subject to costs of Rs 25,000.
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