Case Law Analysis
|Punjab and Haryana High Court
Section 19(5A) RDB Act | Mandatory Hearing Before Striking Off Defense for Delayed Written Statement : Punjab & Haryana HC
The Punjab & Haryana High Court ruled that procedural delays in filing a written statement cannot justify automatic striking off of defenses under the RDB Act without affording the defendant a hearing. The Court emphasized that Section 19(5A) mandates adherence to natural justice, ensuring defendants are heard before any ex parte decree is passed, reinforcing fairness in debt recovery proceedings.