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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
AJIT B.KADETHANKAR
Narayan Dattarao Sontakke – Appellant
Versus
Nagnath Dattarao Sontakke – Respondent
JUDGMENT :
AJIT B. KADETHANKAR, J.
1. Rule. Rule made returnable forthwith.
2. Heard finally with consent of Mr. J.M. Murkute, learned Counsel for the petitioner and Mr. S.N. Lavekar, learned Advocate for respondent-sole.
3. Regular Civil Suit No.14 of 2016 came to be filed by the present respondent against the petitioner in the Court of learned Civil Judge, Senior Division, Gangakhed seeking partition and separate possession in respect of the suit property.
4. When the suit was filed, the plaintiff/respondent was aged about 70 years old, while the petitioner/defendant was about 65 years old. Suit summons were served on the defendant/petitioner and the petitioner caused his appearance on 06.03.2016. The petitioner sought to file his written statement together with an application to condone the delay of 58 days caused in filing the written statement. The respondent/plaintiff opposed the application for condonation of delay. Learned Civil Judge, Senior Division, Gangakhed heard the parties and vide impugned order dated 15.11.2016 opined that the defendant could not establish sufficient cause to condone the delay, and therefore declined to exercise discretion to accept the written statemen
In partition suits between elderly step-brothers, 58-day delay in written statement condoned as exceptional case warranting defendant's pleadings for fair trial, avoiding defective decrees and prolon....
The law regarding the condonation of delay requires a satisfactory explanation, and negligence or lack of diligence renders an application for delay condonation unjustifiable.
The central legal point established in the judgment is that disputes should be resolved on merits rather than on technicalities, and therefore, delay in filing pleadings can be condoned to ensure tha....
Unjustified delay in filing written statement can lead to dismissal of the petition.
The judgment clarifies the inherent powers of the court under Section 151 CPC concerning the acceptance of belated written statements, emphasizing that procedural timelines are directory, not mandato....
The court held that the provisions of Order VIII Rule 1 CPC are directory, allowing written statements to be filed beyond prescribed delays in exceptional circumstances, particularly to serve the int....
The court has discretionary power to condone the delay in filing the written statement, subject to a stricter yardstick for non-commercial suits, and the defendant should be given an opportunity to e....
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 ....
A trial court's rejection of a delay application must be supported by cogent reasoning, and courts must adopt a justice-oriented approach, granting opportunities to parties to substantiate their clai....
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