The Delhi High Court has recently dismissed petitions challenging Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018. This rule enforces a strict 120-day deadline for filing written statements, even in non-commercial matters.
A Bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna ruled that these rules, specific to the High Court, take precedence over the Code of Civil Procedure, 1908 (CPC). The Court stated that the differentiation between High Court and Civil Court procedures is recognized under Section 129 of the CPC, which allows for special rules by the High Court.
The petitions argued that Rule 4 creates unfair discrimination by treating non-commercial matters differently from district court cases, where courts have discretion to allow delays beyond 120 days. The petitioners claimed this rule unfairly disadvantages litigants before the High Court.
However, the Court found no merit in these arguments. It noted that the petitioners did not challenge Section 129 CPC or Section 7 of the Delhi High Court Act, which authorize the High Court to establish its own procedural rules. The Court concluded that the High Court’s rules are valid and constitutional.
As a result, the petitions and associated applications were dismissed.
