Allowed

Charivupurayidathil M. Thomas and Anr. v. Alice Thomas Nee Alice Gheevarghese

Bombay HC7 Jan 2014NMS/1440/2013

Case brief

AI extract

What is this about?

Petitioner sought condonation of delay in filing written statement due to advocate's inadvertent oversight. Court allowed relief without costs, directing filing by February 7, 2014.

What did the court decide?

Notice of motion made absolute, one-year and seven-months delay condoned, defendant to file written statement by February 7, 2014, suit removed from undefended list after filing.

Charivupurayidathil M. Thomas and Anr. Vs… — Civil Procedure and Limitation | Bombay HC (2014)

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NM1440-13.DOC

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agk

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO.1440 OF 2013 IN

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SUIT NO.645 OF 2011

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Charivupurayudathil M. Thomas & Another

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..Plaintiffs.

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Versus

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Alice Thomas Nee Alice Gheevarghese

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..Defendant.

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Mr. Sameer Pendse i/by M/s. Wadia Ghandy & Co., for the Plaintiffs.
Mr. P.R. Kadam, for the Defendant.

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CORAM : G.S. Patel, J. Monday, 27th January 2014.

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P.C. :

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1.This notice of motion is filed to condone the delay of one year and seven
months in filing the written statement and for leave to take the written
statement on file.

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2.Having heard Mr. Kadam for the applicant and Mr. Pendse for the
defendants and having gone through the affidavit in support, I am inclined to
grant the reliefs sought. On 21st March 2013, the Prothonotary & Senior
Master directed that the written statement be filed by 21st May 2013. The
written statement was, in fact, ready and even affirmed. However, on account

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NM1440-13.DOC

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of inadvertent oversight of the Advocate then appearing, the written statement
remained in his papers and was not filed in the registry. This is stated in
paragraph 3 of the affidavit in support of the notice of motion.

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3.Having regard to the fact that this is an application taken out by the sole
defendant, an individual and a senior citizen, and since the delay is not of her
making and cannot possibly be attributed to her, the notice of motion is made
absolute in terms of prayer clauses (a) and (b) without payment of costs.

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4.The defendants shall, however, file the written statement in the registry
on or before 7th February 2014 and no later and shall serve a copy on the
advocate for the plaintiffs by that date.

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5.Upon the written statement being filed, the suit be removed from the list
of undefended suits.

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6. The notice of motion is disposed of accordingly.

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Charivupurayidathil M. Thomas and Anr. v. Alice Thomas Nee Alice Gheevarghese

Case brief

What is this about?

What did the court decide?

Charivupurayidathil M. Thomas and Anr. v. Alice Thomas Nee Alice Gheevarghese

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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