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2021 Supreme(Bom) 1149

M.S.SONAK
Seema Amar Sawant – Appellant
Versus
Amar Sawant – Respondent


Advocates appeared:
Ganesh Naik, Advocate, Prachi Kabadi, Advocate

JUDGMENT

M S Sonak, J. - Heard Mr. Ganesh Naik, the learned Counsel for the Petitioner and Ms. Prachi Kabadi, learned Counsel for the Respondent.

2. Rule.

3. Rule is made returnable forthwith at the request and consent of the learned Counsel for the parties. Learned Counsel for the Respondent waives service.

4. The challenge in this Petition is to the order dated 14.10.2019 by which the learned Trial Judge has rejected the Petitioner's application seeking condonation of delay in filing the written statement.

5. The Petitioner, in her application, had claimed that the delay in filing the written statement was of only 30 days when, in fact, the record indicates the delay was of about 185 days. Ms. Kabadi, the learned Counsel, is quite right in her submission that the delay was of 185 days.

6. Now, in such matters, the length of the delay is no doubt one of the considerations. However, the main consideration is the quality of the cause shown to explain such delay.

7. If the application made by the Petitioner is perused, then, the cause shown relates to the hardships faced by her, including hardships on account of her indifferent health. The Petitioner has pointed out that she has no assistan

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