AIROnline 2025 SC 953

Civil P.C. (5 of 1908) , O.8 R.1(1) Proviso, O.5 R.1(1) Proviso 2— Commercial suit – Failure to file written statement – Right to cross-examination – Summons was served to defendant on 17.07.2021 – Excluding date of service, statutory period of 120 days commenced from 18.07.2021 and ended on 14.11.2021 – Both dates fell within period between 15.02.2020 to 28.02.2022 when nation was in grip of global pandemic of COVID-19 – Supreme Court had passed orders to exclude the period commencing from 15.03.2020 till 28.02.2022 for the purpose of computing limitation under any general or special laws – During said period on 24.11.2021, defendant had filed application for seeking enlargement of time to file written submission and subsequently had filed another application seeking permission to file written submission enclosing written submission – Also, after the examination-in-chief of plaintiff was closed, the cross-examination of Defendant was taken as “Nil” on the ground that defendant had failed to file their written statement- Said reason was perverse and was contrary to right of defence available to defendant – Matter was remanded to trial court to dispose of same after allowing defendant to file written statement subject to payment of costs and to permit defendant to exercise his right of cross-examination of witness of plaintiff.
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