SANJEEV SACHDEVA, MANOJ JAIN
Pritkaran Narang – Appellant
Versus
Vikramjeet Singh – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
CM APPL.22761/2023 (exemption)
Exemption allowed subject to all just exceptions.
CM APPL.22759/2023 (for condonation of delay in filing)
There is an application seeking condonation of delay of six days. Appellant has been able to show reasonable cause for condonation thereof.
Accordingly, the application is allowed. The delay of six days in filing the appeal is condoned.
MAT.APP.(F.C.) 123/2023 & CM APPL.22760/2023 (stay)
1. Appellant impugns order dated 07.02.2023, whereby the application of the appellant seeking recall of order dated 14.10.2019 whereby her right to file written statement was closed, has been dismissed and the learned Family Court did not condone the delay in filing the written statement.
2. Learned counsel for the appellant submits that appellant has been very vigilant and was misled by her counsel and thus the written statement could not be submitted within time. She submits that she has also filed a complaint before the Bar Council of Delhi against the counsel in which notice has already been issued to her erstwhile counsel.
3. Issue notice. Notice is accepted by learned counsel appearing on behalf of the respondent Mr. Devesh D
The main legal point established is that the appellant's conduct was not negligent, and she was diligent in defending the proceedings, influenced by the conduct of her counsel.
The court considered the nature of allegations in the divorce petition and the importance of the respondent's defense being on record in permitting the filing of the written statement.
Condonation of delay in filing an appeal or written statement requires acceptable reasons and supporting conduct, and laxity in defending a suit may not be condoned.
The central legal point established in the judgment is the court's discretion in granting or refusing permission to file the written statement, emphasizing the need to establish sufficient cause and ....
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 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....
The court established that the timeline for filing a written statement under the CPC is directory but requires sufficient justification for any delays, which was not demonstrated in this case.
The main legal point established in the judgment is the importance of considering all relevant documents, particularly those supporting allegations of negligence, in the appellate process.
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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