PIC Departmentals Pvt. Ltd. vs Sreeleathers Pvt. Ltd. 2024 INSC 654 – Written Statement –

Rules of The High Court at Calcutta (Original Side), 1914: Chapter XXXVIII Rule 463 – The power to extend time for filing Written Statement should not be employed as a matter of course, but with great caution so that the purpose of the procedural statute is not defeated and unscrupulous litigants do not abuse the process of the Court by adopting dilatory tactics. However, the same cannot be examined in a strait-jacket/sealed compartment for the peculiar facts and circumstances of every case have to be carefully and individually appreciated. Thereafter, the Court concerned has to take a call as to whether the request made is genuine or, more importantly, whether refusal to accede to such request may lead to an eventual miscarriage of justice. It must not be lost sight of that ultimately, procedural technicalities have to give way to substantive justice. Procedure, well and truly, is only the handmaiden of justice. The discretion granted to Courts has to be exercised on a case-specific basis. Undisputedly, ‘procedural laws are primarily intended to achieve the ends of justice and, normally, not to shut the doors of justice for the parties at the very threshold.