written statement not filed
Querist :
Anonymous
(Querist) 26 December 2010
This query is : Resolved
sir, my case is pending in Delhi High Court.I filed counterclaim which has been registered now, but I did not file written statement in original suit, I filed WS alongwith application of condonation of delay i.e. 110 days and U/O 8 R 1. Which has to be argued in next month.
whether my counter claim may be any defence for avoiding any cost?
whether counter claim may be treated as WS?
Devajyoti Barman
(Expert) 26 December 2010
If you have already filed counter clam then where is the question of figlin ws. The counter clam is raised in the ws itslef.
s.subramanian
(Expert) 27 December 2010
Usually the counter claim is filed as a pert of the written statement. But I do not know, how it has been separately filed by you.? Anyhow,you have to see that your ws is received. Otherwise it will land you in problems since counter claim cannot be a substitute for your ws.
Advocate. Arunagiri
(Expert) 27 December 2010
WS is different and counter claim is different.
Normaly the delay will be condoned with cost.
Gulshan Tanwar
(Expert) 27 December 2010
As per the directions, no W/S can be filed beyond 30 days
Notification No.6/Rules/DHC Dated : 9.1.2006
In exercise of the power conferred by Sections 122 and 129 of the Code of Civil Procedure, 1908 and Section 7 of the Delhi High Court Act, 1966 (Act 26 of 1966) and all other powers enabling it in this behalf, the High Court of Delhi, hereby makes the following amendment in the Delhi High Court (Original Side) Rules, 1967 :-
The following shall be substituted for the existing Rule 2 (ii) & 3 of Chapter VI of Delhi High Court (Original Side) Rules, 1967 :-
“2(ii) Where the summons is for appearance and for filing written statement, the defendant shall file the written statement within 30 days from the date of service of summons. A copy of the written statement shall not be accepted unless it contains an endorsement of service signed by such party of his advocate.
3. Extension of time for filing written statement :- Where the defendant fails to file written statement within the period of 30 days as stated in rule 2 (ii) he shall be allowed to file the same on such other day as may be specified by the court on an application made in writing setting forth sufficient ground for such extension and support, if so required, by an affidavit but such day shall not be later than 90 days from the service of summons.”
Note : THESE AMENDMENTS SHALL COME INTO FORCE WITH IMMEDIATE EFFECT.
BY ORDER OF THE COURT
Sd/-
(S.N. AGGARWAL )
REGISTRAR GENERAL
Gulshan Tanwar
(Expert) 27 December 2010
HIGH COURT OF DELHI: NEW DELHI
NOTIFICATION
No. 324/Rules/DHC Dated: 12.11.2008
In exercise of the powers conferred by Section 122 of Code of Civil Procedure, 1908 and all other powers enabling it in this behalf, the High Court of Delhi, with the prior approval of the Government of India, hereby makes the following amendments in Order XV of the Code of Civil Procedure, 1908 :-
THE FOLLOWING SHALL BE INTRODUCED AS ORDER XV-A TO ORDER XV OF THE CODE OF CIVIL PROCEDURE, 1908, APPLICABLE TO HIGH COURT OF DELHI AND ITS SUBORDINATE COURTS :-
ORDER XV-A
STRIKING OFF DEFENCE IN A SUIT BY A LESSOR
(A) “In any suit by a owner/lessor for eviction of an unauthorized occupant/lessee or for the recovery of rent and future mesne profits from him, the defendant shall deposit such amount as the court may direct on account of arrears upto the date of the order (within such time as the court may fix) and thereafter continue to deposit in each succeeding month the rent claimed in the suit as the court may direct. The defendant shall continue to deposit such amount till the decision of the suit unless otherwise directed.
In the event of any default in making the deposit as aforesaid, the Court may subject to the provisions of sub-rule (2) strike off the defence.
(2) Before passing an order for striking off the defence, the court shall serve notice on the defendant or his Advocate to show cause as to why the defence should not be struck off, and the Court shall consider any such cause, if shown in order to decide as to whether the defendant should be relieved from an order striking off the defence.
(3) The amount deposited under this rule shall be paid to the plaintiff owner/lessor or his Advocate and the receipt of such amount shall not have the effect of prejudicing the claim of the plaintiff and it would not also be treated as a waiver of notice of termination.”
NOTE:
THIS AMENDMENT SHALL COME INTO FORCE WITHIN THE LOCAL LIMITS OF THE JURISDICTION OF THE HIGH COURT OF DELHI IMMEDIATELY ON THE DATE OF ITS PUBLICATION IN THE DELHI GAZETTE.
By order of the Court,
Sd/-
( AJIT BHARIHOKE )
REGISTRAR GENERAL
