RANGAMMA SOUNDAPPA CHETTY v. PALANISWAMY OBULI CHETTY
Delay in Filing Written Statement: High Court Sets Aside Trial Court Order, Citing Clerical Error and Improper Service in Defamation Suit.
Court: Bombay High Court
Citation: 2025:BHC-AS:56447
Decision Date: 19-12-2025
List of Laws
Code of Civil Procedure, 1908; Law of Defamation; Law of Limitation
- Facts: A brother and sister are engaged in litigation over parental properties, with the brother filing a defamation suit against the sister. The sister, as the original defendant, failed to file a written statement within the prescribed time. The Trial Court refused to accept the written statement due to the delay, citing the appearance of an advocate, Ms. Sapna Rachure, in the proceedings as evidence that the defendant was aware of the suit.
- Procedural Posture: The original defendant (sister) appealed the Trial Court's order to the High Court, challenging the rejection of her written statement due to the delay.
- Issue: Did the Trial Court err in refusing to accept the defendant's written statement based on the alleged awareness of the proceedings, considering the confusion surrounding the appearance of Ms. Sapna Rachure and the service of proceedings?
- Holding: Yes, the High Court held that the Trial Court's reasoning was based on an erroneous understanding of the facts and allowed the appeal, permitting the defendant to file her written statement.
- Reasoning: The High Court found that the appearance of Ms. Sapna Rachure was due to a clerical error by the City Civil Court, as she had filed a vakalatnama in a related but different suit. The Court also noted discrepancies in the signature on the service report, casting doubt on whether the defendant was properly served. The Court emphasized that parties should not suffer for the errors of the court office. The Court also noted that "the suit for defamation has serious consequences on the reputation of both the parties and therefore, the defendant is given an opportunity to file the written statement."
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