Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]

Delhi High Court has held that the maximum period for filing reapplication or an affidavit for admission/denial of documents is 45 days and the same has to be mandatory followed.

In the present application, the Petitioner had challenged the order of the Joint Registrar which had disallowed the Petitioner to file an affidavit for admission/denial of documents after the termination of the 45 days period.

The Petitioner company had argued that the Joint Registrar did not take into consideration cogent reasons for delay as put forward by it, and the order was passed in haste.

On the issue of law, it also submitted that as per Rules 14 and 16 of Chapter 1 of Delhi High Court (Original Side Rules), 2018, it is not mandatory for the Registrar to follow the timelines set under the said Rules for submission of documents.

The Petitioner also relied upon the judgment in Jainsons Export India v. Binatone Electronics Ltd. 58 (1995) DLT 571 to argue that court's power is not fettered or circumscribed by any Rules of prescribed procedure which are made for promoting the ends of justice and not to thwart justice.

The Respondent body, NBCC, on the other hand argued that by including the words "not thereafter" in Rule 5 of Chapter II of Rules, the rule making

authority intended to exclude grant of further time for filing the replication and affidavit of admission / denial of documents after the expiry of period of 45 days.

While denying relief to the Petitioner, Justice Kameswar Rao opined that Rules 14 and 16 cannot change the meaning of the phrase 'not thereafter' as used in Rule 5.

He also noted that the proviso to Order VIII Rule 1 CPC is different from the words used in Rule 5 of Chapter VII of the Delhi High Court (Original Side) Rules, but to have a uniformity with regard to the pleading of the parties, it must be held that 30 + 15 days for filing the replication and affidavit of admission / denial of documents is mandatory.

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