Summary: In a recent court decision, Ashok Kumar Kaushik and another person lost their appeal against Mahipal Singh and others. The court agreed with a previous decision that denied giving more time for filing a response in a legal case.
Ashok Kumar Kaushik and another person challenged an order from August 2025. This order, made by a Single Judge, refused to allow more time for filing a response in a case that started in 2020. The case involved requests for permanent and mandatory orders.
Ashok Kumar Kaushik and another person argued that the response period should start from when they received all documents (January 25, 2021), but Mahipal Singh and others disagreed.
The judge ruled that the response period starts after receiving a complete written statement, including all documents. Since Mahipal Singh and others filed documents late, those couldn't be considered in calculating the response deadline.
"The scheme of the Rules requires the Defendant to file a comprehensive Written Statement together with all documents relied upon..."
Ashok Kumar Kaushik and another person argued that the response period should begin from the date of the initial written statement filing, even if documents were added later. They felt the rules were too strict and limited their procedural rights.
The court examined the procedural rules, focusing on Rule 2 and Rule 5. These rules require a complete written statement with all documents to be served together. The court found that allowing documents to be filed later would be unfair to Ashok Kumar Kaushik and another person.
"Accepting the Appellants’ contention...would defeat the purpose of the Rules."
The judges, Anil Kshetrapal and Harish Vaidyanathan Shankar, concluded that the original order was correct. The appeal was dismissed, reinforcing the rule that all documents must be filed together to ensure fairness.
