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Showing posts with label delay in filing written statement. Show all posts
Showing posts with label delay in filing written statement. Show all posts
Saturday, October 20, 2012

The Apex Court, however, added a caveat that only in exceptional situation, the Courts can permit filing of written statements beyond the period of 90 days. P.K.Balasubramanyan, J, who was a party to the judgment in Kailash (1 supra), observed in R.N.Jadi & Bros. vs. Subhashchandra2 that the Court cannot show unduly liberal approach in its anxiety to do justice and exercise its discretion to permit a party to violate even the procedural law in a routine manner. These judgments fell for review in Mohammed Yusuf vs. Faij Mohammad and others3, wherein the Supreme Court set aside the order of the High Court by which the belated application of the defendant for filing written statement was allowed, after setting aside the orders of the trial Court and the District Court. The Supreme Court, on finding that the defendant was not diligent in filing written statement, opined that the High Court should not have allowed the Writ Petition filed by the defendant and permitted him to file written statement in the absence of proper reasons putforth by him justifying the delay.

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The Hon'ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.1517 of 2012 13-09-2012 Pillala Chennakesavulu Pillala ...

The Apex Court, however, added a caveat that only in exceptional situation, the Courts can permit filing of written statements beyond the period of 90 days. P.K.Balasubramanyan, J, who was a party to the judgment in Kailash (1 supra), observed in R.N.Jadi & Bros. vs. Subhashchandra2 that the Court cannot show unduly liberal approach in its anxiety to do justice and exercise its discretion to permit a party to violate even the procedural law in a routine manner. These judgments fell for review in Mohammed Yusuf vs. Faij Mohammad and others3, wherein the Supreme Court set aside the order of the High Court by which the belated application of the defendant for filing written statement was allowed, after setting aside the orders of the trial Court and the District Court. The Supreme Court, on finding that the defendant was not diligent in filing written statement, opined that the High Court should not have allowed the Writ Petition filed by the defendant and permitted him to file written statement in the absence of proper reasons putforth by him justifying the delay.

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The Hon'ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.1517 of 2012 13-09-2012 Pillala Chennakesavulu Pillala ...