Shraddha Shandilyayan v. Livecities Media Private Limited & Ors.

1. The Application under Sections 151 and 152 of the Code of Civil Procedure (hereinafter referred to as ‘CPC, 1860’) has been filed on behalf of the applicant/defendant No. 2 for modification/correction in the Final Order dated 21.02.2024.

2. It is submitted that in paragraph 36 of the impugned Order, the date of filing of the Application seeking condonation of delay in filing the Written Statement has been incorrectly mentioned as 18.03.2022 when in fact it was 18.03.2020. Thus, there is a typographical error in the mentioning the correct date on which the Application was filed though lying in objections.

3. Submissions heard.

4. The record shows that in fact, the Application for condonation of delay was filed on 18.03.202; the date is, therefore, corrected to 18.03.2020 instead of 18.03.2022 in paragraph 36 of the Order dated 21.02.2024.

5. It is also submitted in the Application that the Written Statement had been filed within the statutory period from the date of filing the amended plaint. However, this aspect in detail has been considered in the Impugned Order. Moreover, any challenge to this aspect is in fact a challenge on merits, which is beyond the scope of Section 151 and 152 of CPC.

6. Likewise, various other contentions have been raised in regard to the Written Statement having been filed within time though it was lying in objections. This aspect has also been considered in detail and has been found that merely because the Written Statement was filed in the Registry but was in objection which never got cleared within the statutory timeframe, would not amount to valid filing of Written Statement within the statutory period.

7. The Application is hereby partly-allowed and the requisite correction of date in paragraph 36 is made.

8. The Application is accordingly disposed of.

JUDGE SEPTEMBER 20, 2024