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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
| Table of Content |
|---|
| 1. partition suit filed; trial court rejects 58-day delay condonation. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner urges condonation with trial expedition undertakings. (Para 6 , 7 , 8) |
| 3. respondent cites precedents for strict cpc delay timelines. (Para 9 , 10 , 11) |
| 4. partition suits require defendant's pleadings for effective adjudication. (Para 12 , 13 , 14 , 15 , 16) |
| 5. exceptional circumstances justify discretionary delay condonation. (Para 17 , 18 , 19) |
| 6. long pendency and undertakings warrant time-bound trial resumption. (Para 20 , 21 , 22) |
| 7. writ allowed; costs imposed for delay. (Para 23) |
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 year
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 ....
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