The Delhi High Court on Friday dismissed petitions challenging Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018, which imposes a strict 120-day deadline for filing written statements, even in non-commercial matters [Manhar Sahbarwal v. High Court of Delhi & Ors].
A bench consisting of Acting Chief Justice Manmohan and Justice Mini Pushkarna ruled that the Delhi High Court Original Side Rules constitute special law and therefore take precedence over the Code of Civil Procedure, 1908 (CPC).
“The petitioners’ argument that Rule 4, Chapter VII of the DHC Original Side Rules is discriminatory is misplaced. The distinction between the procedures of the High Court and Civil Court is explicitly recognized in Section 129 of the CPC, which allows for special rules for the High Court. Therefore, the rules cannot be challenged on the grounds of discrimination,” the Court stated.
Two petitions had been filed challenging the constitutionality of Rule 4, Chapter VII, arguing that it creates unfair discrimination and unequal treatment among litigants in Delhi, based solely on pecuniary jurisdiction.
The petitioners argued that in non-commercial matters in district courts, Order VIII Rule 1 of the CPC allows discretion to condone delays in filing written statements beyond 120 days. However, Rule 4 of the Original Side Rules does not permit such condonation in cases filed before the High Court, leading to unequal treatment of litigants.
The Court rejected these arguments, noting that the petitioners did not challenge Section 129 of the CPC, which gives the High Court’s rules overriding authority over the CPC. Additionally, the petitioners did not challenge Section 7 of the Delhi High Court Act, which empowers the High Court to make rules governing practice and procedure in its original civil jurisdiction.
The Bench concluded, “Since the plenary powers of this Court to frame the Original Side Rules are recognized and accepted, the petitioners have not demonstrated that these rules are unconstitutional in any way. Therefore, the petitions are without merit and are dismissed, along with any pending applications.”
Senior Advocate PS Bindra, along with Advocates Arjun Malik, Vrinda Awasthi, Aarohi Malik, and Kharanshu Rana, represented petitioner Manhar Sabharwal.
Advocates Manish Kaushik, Mishal Johari, Ajit Singh Joher, Anubhav Gupta, Meet Shokeen, and Aryan Pandey represented petitioner Chirag Sharma.
Advocates Aditi Mohan, Puru Lekhi, and Divyam Rathi appeared for the High Court of Delhi.
Advocates Rishabh Kapur, Rachita Garg, Agam Rajput, Preeti Chauhan, Sourabh Gupta, Puneet Yadav, and Vasu Dev represented various respondents.
