Filing Written Statement In Prescribed Time Without Affidavit Of Admission/ Denial Of Documents Not ‘Non-Est’ Filing: Delhi High Court
[25 April 2022] The Delhi High Court has observed that the filing of a written statement within the prescribed time but without an accompanying affidavit of admission or denial of documents, does not amount to non-est filing since it cannot be said that nothing was filed at all. Justice Anup Jairam Bhambhani further added that the same would however amount to a defect, that is required to be cured after it is brought to the attention of the party by the Registry. “Chapter VII Rule 3 only bars taking on record a written statement that is filed without an accompanying affidavit of admission/denial of documents. Filing of the written statement and it being taken on record are two separate and distinct matters,” the Court said. The Court was dealing with an appeal filed under Chapter II Rule 5 of the Delhi High Court (Original Side) Rules, 2018 read with Sec. 151 of the Civil Procedure Code, seeking setting aside of order dated 23.10.2020 passed by the Joint Registrar, declining to take the defendant’s written statement on record.