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TMI Blog2024 (1) TMI 1258X X X X Extracts X X X X X X X X Extracts X X X X ..... ays in terms of Order VIII Rule 1, of the CPC 1908, for filing written statement, expired on 15.12.2022. Here, the Defendants filed an Interim Application, on 04.03.2023, seeking condonation of delay of 113 days in filing of the Written Statement. 4] The Application filed by the Defendant proceed to state asunder : "4. The applicant states that a copy of the Writ of Summons was served upon the Defendant on 15.11.2022, thereafter the office of the Defendant informed the same to the Advocates on record. However, during December one of the Advocate was travelling for personal reasons also since the Christmas break was approaching certain urgent matters were to be attended. 5 The Defendant company is based in Hydrabad, therefore only one concerned person Mr. Prasad MRV was in touch with the Advocates and was briefing the Advocates since he was aware of the matter since its inception i.e. from the time of entering into the assignment with the Plaintiff. 6 The Applicant states that Mr. Prasad MRV was diagnosed with pneumonia and was under treatment and hospitalistaion with oxygen support of Dr. Armugam from 27.12.2022 to 01.01.2023, thereafter he was advised against travel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the e filing portal. The screen shot of the e-filing of the Written Statement as well as Interim Application is annexed alongwith Affidavit. It is further deposed that upon uploading the documents, objections were notified on 09.03.2023 to the effect of, "running pagination not done; Advocate not on record; kindly annex memo of address, list of documents, statement of truth". Thereafter, on 10.03.2023 the Advocate on record, uploaded a new document, by clearing the objections/defects raised and screen shot evidencing uploading of the document under the caption "Final W/S after objection" is enclosed with the Affidavit. 8] The deponent has categorically deposed that the upon the aforesaid exercise being carried out, the Advocate was under impression that the defects are cured, but when he checked the e-filing portal, it still indicated certain lacunas and he visited the e-filing department on 30.06.2023 and was informed that the old file ought to be deleted, so that only the new file could be reflected and when the update is done, the department should be informed. As a result, the Advocate immediately deleted the old file and updated the index on e-filing portal and intimated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'actions' through e-filing, and it must reproduced :- "14.1 Wherever limitation/time limits apply, it will be the responsibility of the party concerned to ensure that the filing is carried out well before the cut-off date and time. The date of e-filing will be taken as that date when the Action is electronically received in the Registry within the prescribed time on any working day. For computing the time at which e-filing is made, Indian Standard Time (IST) will apply. 14.2 E-filing through Designated Counters will be permissible to 16.00 hours on any court working day. On-line e-filing carried out after working hours on any day, will be treated as the date which follows the actual filing date provided it is a court working day. Actions filed on a day declared as gazetted holiday or on a day when the court is closed, will be regarded as having been filed on the next working day. For the computation of limitation, on-line e-filing shall be subject to the same legal regime as applicable to physical filing, save and except as provided herein above. 14.3 ..................... 14.4 Provision for limitation governing on-line e-filing will be the same as those applicable to ph ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tendered in the Registry. 13] The parties shall, suffer irreparably an 'action' being uploaded through e-filing, but if the Registry do not take note of the objections as in the present case, it is seen that the scrutiny of the Written Statement/Interim Application occurred only on 24.03.2023, much later than the date of uploading of the document and it is not possible to label this document merely as a mere 'Draft' awaiting clearance of office objections. The objections which are notified online are permitted to be removed and in this case, in fact Advocate of the Defendants removed the office objections, but was told to delete the earlier file, so that a file without objections can continue to be treasured Online. 14] In the Code of Civil Procedure, 1908, the pivotal expression used is "Institution" of Suits/proceedings. The whole scheme of the Code is focused on the institution of the Suit including the Court in which it is to be instituted, the place of institution of the Suits etc. Another relevant term, in the Code is 'Filing' of a Plaint. Order IV Rule 1 of the Code stipulate that Suit shall be instituted by presenting a Plaint to the Court or to the Officer appointed i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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