necessary issues

Pleadings -Written Statement-Direction for filing within specific time-Delayed filing-Due to bona fide mistake of the party-On realization of the mistake application made to extend the time for filing-Rejection of application-On appeal, held: The party entitled to extended time for filing since his bona fide proved-Code of Civil Procedure, 1908-Order VIII. Civil Judge had dismissed the petition for restoration of the suit which had been decreed ex- parte. First appeal thereagainst was allowed on payment of cost, with direction to the appellant to file the Written Statement within 2 weeks. According to the appellant he was informed by his advocate that Written Statement was to be filed within 2 months. Accordingly he filed the Written Statement within 2 months and also offered the cost. The counsel for the other party refused to accept the cost on the ground of delayed payment. On going through the certified copies, appellant noticed that the time granted by High Court was 2 weeks and not 2 months. Hence he moved the High Court seeking extension of time. The same was dismissed summarily. Hence the present appeal. =Allowing the appeal, the Court HELD: The appellant had indicated sufficient reasons as to why there was non-compliance with the order of the High Court. The bona fides have been spelt out in detail and, in fact, there was no reply denying the averments made by the plaintiff who was the opposite party no. 1 in the application. That being so, the High Court was not justified in summarily rejecting the application. [Paras 9 and 10] [631-E-F] S.N. Bhat for the Appellant.

CASE NO.: Appeal (civil) 5809 of 2000 PETITIONER: M. Vishweshwara Shastry RESPONDENT: M. Gopalakrishna Bhat & Ors DATE OF JUDGMENT: 07/03/2007 BENCH: Dr. ARIJIT PASAYAT & LOKESHWAR SINGH PANTA JUDGMENT: J U D G M E N T Dr. ARIJIT PASAYAT, J. Appellant calls in question legality of the order passed by a learned Single … Continue reading →