WS Filed Within Extended Period Of Limitation As Per Apex Court's Order: Delhi Court Directs It To Be Taken On-Record
A Delhi Court has observed that a written statement filed within the extended period of limitation of 90 days from March 1, 2022 as Apex Court's order dated January 10, 2022 in the context of the Covid-19 pandemic is liable to be taken on record.
District Judge Paramjit Singh was dealing with a case wherein the Plaintiff had filed a commercial suit in 2021 seeking recovery of Rs. 72,15,262/- along with interest @18% per annum from the Defendants.
Summons were served to the Defendants in November, 2021.
The Defendants filed their written statement in the month of March, 2022 which was objected by the Plaintiff, to be taken on record, on the ground that written statement was intentionally and deliberately not filed within the prescribed period of law.
The issue before the Court was-Whether the written statement filed after the expiration of 30 days limitation period as provided under the amended Order VIII Rule I, CPC, 1908 be taken on record considering that the same was filed within the extended period of limitation granted by the Supreme Court.
Advocate Jagdish Arora appeared for the Plaintiff whereas Advocates Vinay Pandey and Ishan K. Dubey from Vinay Pandey & Co. Law Firm appeared for the Defendants.
The Court noted that as per the record the Defendants were required to file the written statement within the outer limit of 120 days from the date of the service i.e. November 22, 2021 in terms of order dated January 29, 2022.
The Court further noted that the written statement have been e filed on March 17, 2022 and physically filed on March 21, 2022 in the instant case.
The Court observed that vide order dated January 10, 2022, the Supreme Court extended the limitation period by 90 days with effect from March 1, 2022 in cases where the limitation expired during the period between March 15, 2020 to February 28, 2022, notwithstanding the actual balance period of remaining limitation.
The Court noted that "The perusal of the record further reveals that in the instant case, the W.S have been e filed on 17.3.2022 and physically filed on 21.3.2022 , i.e. within the extended period of limitation as provided vide abovesaid order dated 10.1.2022 passed by the Hon'ble Supreme Court of India"
Therefore the Court allowed the written statement filed by the Applicant/Defendants to be taken on record.
Cause Title- Raghubir Saran and Sons v. RPG International and Others