A chamber appeal filed by Defendant No. 13 against orders closing his right to file a written statement and dismissing an application under Section 151 CPC was dismissed. The court held the appeal devoid of merits due to lack of justification for inordinate delay.
Chamber Appeal dismissed as being devoid of merits.
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$~11
versus
THE EDITOR-IN-CHIEF, AMAR UJALA AND CO. ..... Defendants Through: MR.P.R. Rajhans with Mr.Neeraj Kapoor, Advs. For D-1. Ms.Sonali Dhir, Adv. for D-4. Mr.Sanjay S. Chhabra, Adv. for D-9. Mr.Dhavish Chitkara with Ms.Shruti Baid, Advs. for D-10. Ms.Taranum Cheema & Mr.Manvendra Singh, Advs. for D-11. Mr.Chander Shekhar, Adv. for D-13.
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI O R D E R
% 19.07.2016 OA No.83/2015 (chamber appeal by the defendant No.13 against orders dated 24.11.2014, 07.01.2015 and 13.02.2015 passed by the learned Joint Registrar)
The Joint Registrar had observed in the said order that since the right of the defendant No.13 to file the written statement was closed on 24.11.2014, therefore, the same could not be taken on record. As a result, the written statement of the defendant No.13 was directed to be taken off the record.
CS(OS) 109/2014
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reason that Shri D.K. Thakur, Advocate previously appearing for the defendant No.13 has stated therein that he had appeared in the case on 15.04.2014 when time was granted to file the written statement, but he had fallen ill in May 2014 and gone to Haridwar where he had remained for undergoing treatment for five months. The records however reveal that the written statement was filed by the defendant no.13 only on 06.1.2015, i.e. after a period of four months if calculated from Sept., 2014.
the defendant No.13. In view of the facts and circumstances of the case as noted above, this Court is of the opinion that there is no illegality, arbitrariness or perversity in the impugned orders dated 24.11.2014, 07.01.2015 and 13.02.2015 passed by the Joint Registrar for interference. 10. Accordingly, the Chamber Appeal is dismissed, as being devoid of merits.
CS(OS) 109/2009
HIMA KOHLI, J
JULY 19, 2016 gm/ap
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CS(OS) 109/2014
2 issues framed by the court
Whether a chamber appeal can be entertained without condonation of delay for challenging orders closing the right to file a written statement.
Whether an affidavit by previous counsel explaining illness is adequate to explain inordinate delay in filing a written statement.
2 provisions across 1 enactments
Shweta Tiwari
The Editor-in-Chief, Amar Ujala and Co.
Hima Kohli
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
