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What TV doesn't, print can't; we deliver.
NEW DELHI: The Delhi High Court has upheld the constitutionality of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018, which mandates a strict 120-day deadline for filing written statements in non-commercial cases. The court dismissed petitions challenging this rule, affirming that it is within the court’s powers and is neither discriminatory nor unconstitutional.
Petitioners Manhar Sabharwal and Chirag Sharma argued that the rule unfairly discriminates against litigants in the Delhi High Court by not allowing extensions beyond 120 days, unlike district courts. However, the High Court, led by the Acting Chief Justice and Justice Mini Pushkarna, emphasized that the rule is protected by a non-obstante clause, allowing it to override other Code of Civil Procedure (CPC) provisions.
The petitioners claimed this created an unequal and unfair treatment of litigants based solely on the court’s jurisdiction. The petitions were ultimately dismissed, upholding the constitutionality and validity of the rule
The court clarified that the rule aims to ensure timely proceedings and reinforce the efficiency of the judicial process on the original site of the High Court. This decision has significant implications for civil litigation in Delhi, particularly for cases filed on the original side of the High Court.
