Upper Limit Fixed Under Section 148 CPC Cannot Take Away The Inherent Powers Of The Court

Section 148 of the Civil Procedure Code (hereinafter referred to as CPC) gives power to the Court for the enlargement of time fixed by it with regard to the doing of an act prescribed or allowed by the CPC. Following the Amendment of 1999, the time permitted to be enlarged was limited to thirty days. In Evoke Building Concepts Pvt Ltd v. Hindware Home Retail Pvt Ltd the Delhi High Court laid down that in case of amendment of Counter-claim, if the same was an integral part of the defence, a rigid interpretation of the Section was not to be taken and the Court could extend the time beyond thirty days.

The Defendant, Hindware Home Retail Pvt Ltd, had sought to amend its Counter-claim based on an alleged trademark registration, in the case filed against it by Evoke Building Concepts Pvt Ltd (Plaintiff). The same was granted by an Order of the Court. However, it had failed to place on record the amended Counter-claim and Written Statement even after the expiry of time,