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1 - 8 of 8 (0.22 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Article 227 in Constitution of India [Constitution]
Bharat Kalra vs Raj Kishan Chabra on 9 May, 2022
5. Shri M. Arun Ponappa, learned counsel for
respondents no.1 to 3 and 5 sought to support impugned order.
It was submitted that Hon'ble Supreme Court in case of Bharat
Kalra v/s Raj Kishan Chabra, reported in 2022 SCC OnLine
SC 613, had held referring to it's earlier decision in Kailash
v/s Nanhku and Ors., reported in 2005 (4) SCC 480, that
delay in filing written statement could be condoned by
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compensating plaintiff with costs.
Kailash vs Nanhku & Ors on 6 April, 2005
5. Shri M. Arun Ponappa, learned counsel for
respondents no.1 to 3 and 5 sought to support impugned order.
It was submitted that Hon'ble Supreme Court in case of Bharat
Kalra v/s Raj Kishan Chabra, reported in 2022 SCC OnLine
SC 613, had held referring to it's earlier decision in Kailash
v/s Nanhku and Ors., reported in 2005 (4) SCC 480, that
delay in filing written statement could be condoned by
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compensating plaintiff with costs.
A.V. Purushotam vs N.K. Nagaraj on 5 June, 2003
Learned counsel also relied
upon decision of this Court in A.V.Purushotam v/s
N.K.Nagaraj, reported in ILR 2003 Kar. 2459. It was
alternatively submitted that defendants would be entitled to
seek permission of trial Court to file written statement at any
time, upto stage of passing judgment. Trial Court having
invoked such power and impugned order being discretionary,
would not call for interference. It was also submitted that in
case of remand, defendants be reserved liberty to supplement
their applications with affidavit of party as refusal to permit
filing of written statement would cause to grave injustice to
them.
Sri Ashok Murthy vs Smt Muniyamma on 28 April, 2020
3. Though, application was opposed, trial Court under
impugned order allowed same on cost. It was submitted that
order was totally unsustainable, as trial Court failed to apply its
mind to requirements of law, while passing impugned order. It
was submitted that this Court in case of Sri Ashok Murthy
and Ors. v/s Smt.Muniyamma since deceased by her LRs
and Ors., reported in 2020 (4) KCCR 2877 and in
Smt.Chandrakala v/s Smt.Hanumakka and Ors., reported
in 2018 (2) KCCR 1124, had held that delay in filing written
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statement could not be condoned for mere asking. Only under
exceptional circumstances, in case non-extension would render
grave injustice and where delay was not on account of laxity
and gross negligence on part of defendants or counsel, same
could be extended.
Smt Chandrakala vs Smt Hanumakka on 30 October, 2017
3. Though, application was opposed, trial Court under
impugned order allowed same on cost. It was submitted that
order was totally unsustainable, as trial Court failed to apply its
mind to requirements of law, while passing impugned order. It
was submitted that this Court in case of Sri Ashok Murthy
and Ors. v/s Smt.Muniyamma since deceased by her LRs
and Ors., reported in 2020 (4) KCCR 2877 and in
Smt.Chandrakala v/s Smt.Hanumakka and Ors., reported
in 2018 (2) KCCR 1124, had held that delay in filing written
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statement could not be condoned for mere asking. Only under
exceptional circumstances, in case non-extension would render
grave injustice and where delay was not on account of laxity
and gross negligence on part of defendants or counsel, same
could be extended.
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