Showing posts with label condonation. Show all posts
Showing posts with label condonation. Show all posts

06 December 2020

If a litigant wishes to make allegations against the advocate for negligence on his part, then the litigant should have a courage to join that advocate as a party and in his presence should make allegation against him

In the application, it is stated that she entrusted her matter to Mr. Vilas Mate, of Tumsar. She never met with Mr. Bhole, Advocate. According to the learned counsel for the applicant, Mr. Bhole might, on instructions from Mr. Vilas Mate, have appeared before the Court below.[Para No.6]

    It is very easy for a litigant to make allegations against an advocate behind his back.
If a litigant wishes to make allegations against the advocate for negligence on his part, then the litigant should have a courage to join that advocate as a party and in his presence should make allegation against him
If the applicant wishes to make allegations against the advocate, the applicant should have a courage to join the advocate as a party and in his presence should make allegation against him. Here, the applicant wants to condemn the advocate behind his back. In my view, it is impermissible and unacceptable. Further, no steps are also being taken by the applicant against any advocate under the provision of the Advocates Act.[Para No.7]

    Thus, in my view, the reason as supplemented in the application is nothing but a attempt for claiming discretionary relief of condonation of delay from the Court. In my view, the applicant has not explained the delay, rather has not given plausible explanation for delay. Hence, the application is liable to be dismissed and it is dismissed with costs of Rs. 1,000/- to be paid to the High Court Legal Services Sub Committee, Nagpur within three weeks from today[Para No.8]

26 September 2020

Delay in filing written statement can not be condoned if defendant found at laxity or gross negligence in filing the same

The Court below was expected to consider the application at Exhibit-32 on the basis of its contents, in the backdrop of the aforesaid facts indicating deliberate delay on the part of the respondent and by applying the position of law as laid down by the Hon'ble Supreme Court and this Court in the context of Order VIII Rule 1 of the Civil Procedure Code, particularly pertaining to the responsibility on the part of the defendant to act in a diligent manner and in any case to explain before the Court with cogent reasons for delay in filing the written statement. A perusal of the impugned order shows that no such effort was made by the Court below and in a cryptic and casual manner the application at Exhibit- 32 stood allowed.[Para No.13]

Delay in filing written statement can not be condoned if defendant found at laxity or gross negligence in filing the same
    The learned counsel for the petitioners is justified in relying upon the judgment of this Court in the case of Parasmal Daulatram Jain Vs. Rameshwar Rathanlal Karwa (supra), wherein this Court has reiterated the position of law concerning the approach to be adopted by the Courts while considering permission to the defendant to file written statement beyond the stipulated period of time. This Court placed reliance on the judgment of the Hon'ble Supreme Court, wherein it has been categorically stated that even if the relevant provisions of the Code of Civil Procedure in this regard can be said to be directory and not mandatory, the Courts cannot permit laxity or gross negligence on the part of the defendant to be condoned while granting permission to file written statement. In the facts of the present case, this Court is of the opinion that if the impugned order passed by the Court below is upheld, it would amount to giving premium to the respondent, not only for laxity and gross negligence, but to tactics adopted by her to somehow delay the proceedings in the suit for eviction filed by the petitioners. Although, it is expected that Courts decide disputes between parties by giving opportunity to the contesting party to place their respective versions on merits, there are situations where the Courts ought not to show misplaced indulgence to litigants like the respondent herein by adopting a liberal approach.[Para No.14]
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