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1992 Supreme(SC) 991

SUPREME COURT OF INDIA
M.N. Venkatachaliah, G.N. Ray, JJ.
Achhan Rizvi, Etc. Etc. - Petitioners
Versus
State of Uttar Pradesh & Ors. - Respondents
I.A. No. 3 in Cont. Pet. No. 102 of 1992 WP(c) No. 1000 of 1991 - with contempt Pet. No. 97 of 1992 in WP(c) 972 of 1991 with WP(c) No. 264 of 1992.
Decided On : 17-9-1992

Courts may permit the filing of affidavits after the specified deadline, considering the nature and seriousness of the case.

Headnote:

Condonation of Delay - Filing of Affidavit - The court permitted the respondents to file the affidavit after the delay, considering the nature and seriousness of the controversy involved in the case.

Fact of the Case:

The respondents filed an application for condonation of delay in filing the affidavit as per the court's previous order.

Finding of the Court:

The court permitted the respondents to file the affidavit and directed the petitioners to file their additional rejoninder before a specified date.

Issues: Condonation of delay in filing the affidavit.

Ratio Decidendi: The court considered the nature and seriousness of the controversy involved in the case and allowed the respondents to file the affidavit despite the delay.

Final Decision: The court allowed the respondents to file the affidavit and set a date for the hearing of the matters.

JUDGMENT :

1. We have heard learned counsel on both sides. There is an application filed by respondents for condonation of delay in filing the affidavit referred to in and permitted by our order dated 5th August, 1992, which ought to have been filed within three weeks from that date but was actually filed on the 14th of this month. Having regard to the nature and seriousness of the controversy involved in this case, we permit the respondents to file the affidavit. The affidavit is taken on record. The petitioners shall file their additional rejoninder, if any, before the 25th of this month.

2. The matters will be listed for hearing on 13.10.1992.

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