IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6250 OF 2009 (Arising out of S.L.P. (C) No.19789 of 2008)

Gurmeet Singh Grewal                     ...Appellant(s)

Versus

J.P. Jethera                    ...Respondent(s)

O  R  D  E  R

Leave granted.

This  appeal  is  directed  against  order  dated  

24.3.2008 passed by the learned Single Judge of Delhi High  

Court in I.A. No. 3575/2008 in C.S. (OS) No. 1330/2006  

whereby  he  dismissed  the  application  filed  by  the  

plaintiff-appellant for enlargement of time to enable him  

to sign the plaint, and order dated 16.7.2008 passed by  

the Division Bench in FAO (OS) No. 302/2008 whereby the  

appeal preferred against the order of the learned Single  

Judge has been dismissed.

A perusal of the record shows that on 26th June,  

2006 when the plaint was presented, Registry of the High  

Court pointed out three defects, i.e., deficiency in court  

fee,  plaint  and  verification  not  signed  and  original  

documents not filed.  On the next date, i.e., 4th July,  

2006, the case could not be taken up because the learned  

Judge  was on  leave.  On 11th July, 2006,  the suit  was  

directed  to  be  registered,  notice  was  issued  to the

...2/-

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defendant and an interim order directing the parties to  

maintain status quo was passed.  On 10th January, 2007, the  

plaintiff-appellant  was  directed  to  remove  the  defects  

with a stipulation that if he fails to do so, an adverse  

order may be passed.  Thereafter, the plaintiff-appellant  

removed two defects, but the defect that the plaint was  

not  signed  and  verified  was  not  removed.   In  the  

meanwhile, I.A. No. 1574/2007 was filed on behalf of the  

defendant-respondent under Order VII Rule 11 C.P.C. for  

rejection  of  the  plaint.   Counsel  for  the  appellant  

accepted notice of the application on 13th February, 2007  

and the case was adjourned to 17.5.2007.  It was again  

adjourned on three different dates.  On 18.1.2008, counsel  

appearing on behalf of the defendant-respondent raised an  

objection to the maintainability of the suit on the ground  

of non-removal of the defect.  Thereafter, an application  

was  filed  on  behalf  of  the  plaintiff-appellant  under  

Section 148 C.P.C. for enlargement of the time.  The same  

was dismissed by the learned Single Judge on the ground  

that there was no justification to entertain the prayer  

for enlargement of time because the plaintiff failed to  

remove the defect for more than 14 months.  The Division  

Bench of the High Court dismissed the appeal preferred by  

the plaintiff-appellant and confirmed the order passed by  

the learned Single Judge.  Hence, this appeal by special  

leave.

Having heard learned counsel for the parties and  

perused the records, we are of the view that the learned  

Single Judge was not justified in refusing to extend the  

time  and  the  Division  Bench  committed  an  error  by  

confirming  that  order.   Undisputedly,  even  though the

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Registry  of  the  High  Court  pointed  out  defects  at  the  

threshold,  the suit  was not  only registered  but notice  

issued to the defendant-respondent and an interim order  

was also passed.  Thereafter, the case remained pending  

for more than one year and six months, during which period  

several proceedings were drawn.   This being the position,  

we are of the view that the learned Single Judge should  

have  allowed  the  application  filed  on  behalf  of  the  

plaintiff-appellant  for  enlargement  of  time  and  the  

Division Bench should not have approved dismissal of the  

application filed under Section 148  C.P.C.

Accordingly, the appeal is allowed, impugned orders  

passed by the learned Single Judge and Division Bench of  

the  High  Court  are  set  aside  and  the  prayer  for  

enlargement  of  time  made  by  the  plaintiff-appellant  is  

accepted.  The plaintiff must take steps for signing and  

verification of the plaint within one week from today.  No  

costs.

......................J.            [B.N. AGRAWAL]

......................J.            [G.S. SINGHVI]

New Delhi, September 14, 2009.