Decision on Mandatory Filing of Affidavit with Written Statement Delayed Due to Conflicting Judgments
The Delhi High Court, in a significant move, has referred a crucial legal question to a Larger Bench following conflicting judgments by its coordinate benches. The question pertains to whether a Written Statement, filed within the statutory period but without the mandatory affidavit of admission/denial of documents, should be considered non-est or if this defect is curable.
The case in question involves VK Sood Pil JV, the plaintiff, and the South Delhi Municipal Corporation, the defendant. The dispute arose when the defendants failed to file their Written Statement within the initial 30-day period stipulated by the Delhi High Court (Original Side) Rules, 2018, instead filing it just days before the 120-day deadline. Complications further ensued as the affidavit of admission/denial of documents was not filed until after this period had elapsed.
Presiding Judge Mr. Subramonium Prasad highlighted the importance of the legislative intent behind the rules, emphasizing that the use of "shall" indicates a mandatory requirement. He also noted previous judgments where conflicting views were expressed regarding the consequences of not filing the affidavit alongside the Written Statement.
Citing the need for judicial discipline and consistency, the court underscored the importance of having a Larger Bench provide an authoritative resolution to this recurring issue. The decision aims to ensure uniformity in future cases, preventing further legal ambiguities and promoting judicial decorum.
The Larger Bench will address whether the absence of the affidavit renders the entire filing non-est, or if the defect can be remedied subsequently. This decision will have significant implications for procedural compliance in civil litigation within the jurisdiction.
Bottom Line:
Delhi High Court Rules, 2018 - Filing of Written Statement - A Written Statement filed within the statutory period but not accompanied by an affidavit of admission/denial of documents is non-est in law unless the defect is cured within the prescribed time. Conflicting decisions of co-ordinate Benches of the Delhi High Court on this issue referred to a Larger Bench for authoritative determination.
Statutory provision(s): Limitation Act, 1963 Section 14, Code of Civil Procedure, 1908 Section 151, Delhi High Court (Original Side) Rules, 2018 Rules 2, 3, 4
VK Sood Pil JV v. South Delhi Municipal Corporation, (Delhi) : Law Finder Doc id # 2881503
