Published on: November 15, 2023 at 12:17 IST
Court: High Court of Delhi
Citation: Ram Sarup Lugani V. Nirmal Lugani (2020)
Honourable High Court of Delhi has held that the Original Rules of the High Court as drafted under Section 129 of the Code of Civil Procedure, 1908 would prevail over the provisions of Code of Civil Procedure, 1908. It is held that Delhi High Court Rules 2018 are mandatory in nature and the Courts cannot act in contrary to the rules in exercise of the inherent powers of the Hon’ble Court under the aegis of Section 151 of the Code of Civil Procedure, 1908 or any other act.
31. In view of the aforesaid discussion, it is held that in case of any inconsistency, the provisions of the Delhi High Court (Original Side) Rules, 2018 will prevail over the Civil Procedure Code.
The inherent powers contemplated in Rule 16 are not to be exercised to overcome the period of limitation expressly prescribed in Rule 5 for filing the replication. Nor can Rule 5 be circumvented by invoking any other provision or even the inherent powers of the court, contrary to the scheme of the Rules.
The phrase, “but not thereafter” used in Rule 5 makes it crystal clear that the Rule is mandatory in nature and the court cannot permit the replication to be taken on the record after the plaintiff has exhausted the maximum prescribed period of 45 days. Any other interpretation will result in causing violence to the DHC Rules.
Drafted By Abhijit Mishra
