Back
J. B. PARDIWALA, R. MAHADEVAN
Nitin Mahadeo Jawale – Appellant
Versus
Bhaskar Mahadeo Mutke – Respondent
ORDER :
1. Delay condoned.
2. This petition arises from the Order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Writ Petition No.15056 of 2019 dated 12th April, 2024 by which the High Court allowed the petition filed by the original plaintiff (respondent no.1 herein) and thereby set aside the order passed by the Joint Civil Judge, Junior Division, Jamkhed condoning the delay of 4½ years in filing the written statement.
3. The petitioners herein are the original defendants and respondent no.1 herein is the original plaintiff.
4. It appears from the materials on record that as the defendants failed to file their written statement in time the stage to file written statement was closed. Thereafter permission of the Trial Court was prayed for to file the written statement after a period of over 4½ years. The Trial Court permitted the defendants to file their written statement. The plaintiff being dissatisfied with the same challenged the order passed by the Trial Court permitting the defendants to file written statement after a period of 4½ years. The High Court allowed the petition and set aside the order passed by the trial court.
5. We find no error not to speak
Litigant should not be permitted to throw entire blame on head of Advocate and thereby disown him at any time and seek relief.
The court may condone delay in filing documents if there are genuine reasons, such as the petitioner's young age, difficulties in understanding legal procedures, and the complex nature of the issues ....
The central legal point established in the judgment is that disputes should be resolved on merits rather than technicalities, and in deserving cases, delay in filing pleadings can be condoned subject....
The court ruled that a party's right to file a written statement should not be denied due to delay, provided costs are imposed, emphasizing the importance of a fair trial.
The main legal point established in the judgment is that the time limit for filing a written statement under the Civil Procedure Code should be treated as directory, and the court should balance the ....
The court emphasized the need to consider the circumstances cumulatively, recognized the petitioner's reliance on legal aid and the advice of her advocate, and allowed the application for condonation....
Delay in filing the written statement can be condoned in deserving cases, subject to compensatory costs, and disputes should be resolved on merits rather than technicalities.
Written Statement – Once appellant had already filed written statement to un-amended plaint in which certain formal issues were raised later on, stand taken by appellant in written statement already ....
Substantial justice prevails over technicalities; delay in filing Written Statement within 120 days can be condoned if justified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
