Supreme Court Ruling on Civil Appeal Case Involving Delay in Filing Written Statement

The Supreme Court of India, in the case Suresh Kumar Juneja vs. Raj Kumar, ruled on a civil dispute regarding the delay in filing a written statement in a lawsuit. The appellant, Suresh Kumar Juneja, challenged the respondent’s failure to submit their defense within the stipulated time frame. The Court, after considering both parties’ arguments, remanded the case back to the trial court, allowing the respondent to file their written statement with certain conditions, including the payment of costs.

Background of the Case

The case originated from a civil suit filed by the appellant against the respondent, Raj Kumar. The respondent failed to file their written statement within the prescribed time limit, leading the appellant to request that the trial court dismiss the respondent’s defense. The respondent sought to file a delayed written statement, explaining that the delay was caused by unforeseen circumstances, and requested the Supreme Court’s intervention to allow them a chance to submit their defense.

The trial court had initially ruled in favor of the respondent, but the appellant challenged this decision. The matter was then brought before the Supreme Court for further review.

Petitioner’s (Suresh Kumar Juneja) Arguments:

• The petitioner argued that the delay in filing the written statement should result in the respondent’s defense being dismissed.
• The appellant contended that allowing the respondent to submit a delayed statement would be detrimental to the progress of the case and unfair to the petitioner.
• The petitioner emphasized the need for strict adherence to procedural timelines to ensure the timely resolution of disputes.

Respondent’s (Raj Kumar) Arguments:

• The respondent explained that the delay in filing the written statement was due to unforeseen circumstances, including a temporary medical emergency.
• The respondent argued that justice would not be served if they were denied the opportunity to present their defense due to a procedural delay.
• The respondent assured the Court that they would submit the written statement promptly if given a chance.

Supreme Court’s Judgment:

• The Court ruled in favor of the respondent, granting them the opportunity to file the written statement, subject to certain conditions.
• The Court emphasized the importance of fairness and the right of every party to present their case, even if there is a procedural delay, as long as no intentional delay is demonstrated.
• The Court stated, “We are of the opinion that the failure to file the written statement within the prescribed period does not necessarily result in the dismissal of the defendant’s case if the delay is not shown to be intentional.”
• The Supreme Court remanded the matter to the trial court with directions to allow the filing of the written statement within 10 days from the date of the Court’s order.
• Additionally, the respondent was directed to pay a cost of Rs. 50,000 to the petitioner to compensate for the delay and to avoid any prejudice caused by the late filing.

Key Takeaways

• The judgment reinforces the principle that procedural delays should not automatically lead to the dismissal of a party’s defense unless there is intentional delay.
• The Court highlighted that the right to a fair hearing should not be compromised due to minor procedural errors.
• The ruling also emphasizes that courts can impose costs to ensure that delays are not taken lightly and to maintain the fairness of the legal process.

The judgment was delivered by Justice Anil R. Dave and Justice Adarsh Kumar Goel on February 12, 2016.

This decision reflects the Supreme Court’s commitment to ensuring access to justice while balancing the need for procedural efficiency and fairness in the judicial process.

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Download Judgment: Suresh Kumar Juneja vs Raj Kumar Supreme Court of India Judgment Dated 12-02-2016-1741852914947.pdf