Delhi High Court On Condonation Of Delay In Refiling

On December 13, 2018, the Delhi High Court (Delhi HC) issued a judgment in Narender Kumar Sharma v. Maharana Pratap Educational Center (2018 SCC OnLine Del 13146). The case involved an application seeking condonation of delay in re-filing an appeal. The judgment highlighted the distinction between delays in filing and re-filing a written statement, with the limitation for filing governed by the Code of Civil Procedure, 1908 (CPC).

Facts

The applicant filed an appeal against an order dated October 10, 2018, which rejected the defendants' right to file a written statement due to exceeding the 120-day limit prescribed under the CPC. Although initially filed within the 120 days, the written statement was rejected for office objections and subsequently delayed in re-filing after corrections.

Issues

The Delhi HC had to decide whether the delay in re-filing a written statement could be condoned, given the limitation under Order VIII Rule 1 of the CPC.

Arguments Advanced

The applicant argued that the delay was in re-filing, not in the original filing, and resulted from serious issues faced by the counsel. The respondents countered that re-filing is akin to fresh filing, and the delay was not condonable. They relied on Northern Railway v. Pioneer Publicity Corporation Pvt. Ltd., a Delhi HC division bench judgment.

Analysis and Ruling

The Delhi HC reviewed precedents distinguishing re-filing from initial filing, citing S.R. Kulkarni v. Birla VXL Ltd., which held that delays in re-filing are subject to less stringent scrutiny than delays under Section 5 of the Limitation Act. The court emphasized alternative remedies like imposing costs instead of outright dismissal. It also noted the Supreme Court's stance in Indian Statistical Institute v. Associate Builders, affirming that re-filing delays are not evaluated by the same strict standards.

The court observed that the Northern Railway judgment relied on by the respondents had been set aside by the Supreme Court. Accordingly, the Delhi HC condoned the delay, directed the written statement to be taken on record if filed within one week, and imposed costs of ?15,000.

The Court referred to the Supreme Court's stance in Indian Statistical Institute v. Associate Builders, asserting that re-filing delays are not subject to the same rigorous standards as those applied to initial filings