In Letters Patent Appeal ST No. 20869 of 2011, the High Court of Bombay dismissed the appeal against an order condoning delay in filing a written statement in a City Civil Court suit, finding no useful purpose served by condoning delay in the LPA.
The application and the LPA are dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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dgm
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CAL/296/2011 IN
LETTERS PATENT APPEAL (ST) NO.20869 OF 2011
ALONG WITH
LETTERS PATENT APPEAL (ST) NO.20869 OF 2011
Smt. Parvati Babaji Kudtarkar .... Appellant vs The Competent Authority, Mumbai .... Respondent
Ms. Kranti S.S. Anand for the Appellant.
None for the respondent.
CORAM: D. K. DESHMUKH &
ANOOP V. MOHTA, JJ.
DATE : November 15, 2011
P.C.:
This is an application for condonation of delay in filing the LPA. The delay is of 15 days.
on merits to find out whether the Appellant has any prima facie case
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for consideration of the application for condonation of delay.
3 This Appeal is directed against an order passed by a learned Single Judge rejecting the petition filed by the Petitioner challenging an order passed by the City Civil Court taking written statement filed by the Defendant on record and condoning the delay in filing the written statement. Though there was considerable delay in filing written statement, the delay was condoned in the interest of justice so that the Defendant gets an opportunity to contest the Suit. The learned Single Judge, therefore, declined to interfere with the order because all that the order impugned before the learned Single Judge did was taking the defence of the Defendant on record, so that it can be considered by the Court. We find that the learned Single Judge was perfectly justified in not entertaining the petition. No useful purpose will be served by condoning the delay.
(ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)
1 issue framed by the court
Whether the court should condone a 15-day delay in filing the Letters Patent Appeal.
Smt. Parvati Babaji Kudtarkar
The Competent Authority, Mumbai
D. K. Deshmukh
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
