In an application for condonation of the 1366-day delay in filing a written statement, the High Court allowed the prayer subject to payment of costs, finding a bonafide mistake due to procedural amendments.
Delay of 1366 days in filing written statement condoned subject to payment of Rs. 2,000/- to respondent.
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.
Page numbers
IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 08TH DAY OF FEBRUARY, 2017 THE HON'BLE MR.JUSTICE N.SATHISH KUMAR A.No.641 of 2017 in C.S.No.313 of 2012
1.S.Bahiratha Marthandan S/o.Late S.S.Marthandan Residing at No.29/10, 2nd East Street, Kamarajar Nagar, Thiruvanmiyur, Chennai-600 041 2.V.Vaggiravelu S/o. Vedagiri, Residing at No.110/69, T.S.V. Kovil Street, Mylapore, Chennai-600 004 ..Plaintiffs vs 1.Vasantha W/o. P.Palani Old No.11, New No.43 Vivekananda Street Gandhi Nagar, Saligrammam Chennai-600 093 2.P.Munusamy S/o. P.Palani, Old No.11, New No.43 Vivekananda Street Gandhi Nagar, Saligrammam Chennai-600 093
3.Valli, D/o. P.Palani Old No.11, New No.43 Vivekananda Street Gandhi Nagar, Saligrammam Chennai-600 093
Page numbers
4.Vijaya W/o. Sekar, Old No.11, New No.43 Vivekananda Street Gandhi Nagar, Saligrammam Chennai-600 093 5.Ramu S/o. P.Palani, Old No.11, New No.43 Vivekananda Street Gandhi Nagar, Saligramam Chennai-600 093 6.Sekar S/o. Ekambaram, No.29, VOC Street Gandhi Nagar, Saligramam Chennai-600 093 *7.N.Subramanian S/o. Natarajan, No.12/5, Kannaya Street Saligramam Chennai-600 093 *8.S.Premalatha W/o. Selvam No.160/43, South West Boag Road, T.Nagar, Chennai-600 017 *9.Mrs.Parvathi Sankari W/o. Maragathamani, No.AP171, Second Sector, 10th Street K.K.Nagar, Chennai-600 078 *10.K.Veeraragavan S/o. Kamalakannan, No.13, Shamugasundaram Street Saligramam Chennai-600 093 *11.Chandra Bai W/o. K.P.Rajan Pillai No.17B, Vivekananda Street Gandhi Nagar, Saligramam Chennai-600 093 ..Defendants
Page numbers
*Impleaded as defendants 7 to 11 as per orders passed in A.Nos.1864 & 1865 of 2013 and extended as per order dated 30.11.2015 in A.No.7100 of 2015 in C.S.No.313 of 2012.
A.No.641 of 2017:
1.Vijaya 2.Ramu Both are at Old No.11, New No.11/43 Vivekananda Street Gandhi Nagar, Saligrammam Chennai-600 093 3..Sekar No.29, VOC Street Gandhi Nagar, Saligramam Chennai-600 093 ..Applicants vs 1.S.Bahiratha Marthandan No.29/10, 2nd East Street, Kamarajar Nagar, Thiruvanmiyur, Chennai-600 041 2.V.Vaggiravelu No.110/69, T.S.V. Koil Street, Mylapore, Chennai-600 004. ..Respondents Application praying that this Hon'ble Court be pleased to condone the delay of 1366 days in filing the Written Statement for Defendants 4 to 6 in C.S.No.313 of 2012.
This application coming on this day before this Court for hearing the Court made the following order:-
This application has been filed to condone the delay of 1366 days in filing the written statement for defendants 4 to 6.
Page numbers
2.It is the contention of the learned counsel for
the applicant that since the application has been taken by the other side for impleading defendants and amendments were carried out in the plaint and the amended plaint copy has been served and written statement has to be filed subsequently. Hence, it is a bonafide mistake and hence requested for condonation of delay.
3.Learned counsel for the respondent not disputed the contention of the applicant and submitted that the application may be allowed subject to the payment of cost.
4.In view of giving a fair opportunity to the
parties, this application is allowed subject to the payment of Rs.2,000/- payable to the respondent on or before 20.02.2017.
5.Post the matter on 21.02.2017 'For Reporting Compliance'.
Sd/.N.S.K.J
08.02.2017
//Certified to be a true copy//
Dated this the day of 2017
jj 05.07.2017 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
1 issue framed by the court
Whether 1366 days delay in filing written statement by defendants 4 to 6 should be condoned.
1 provisions across 1 enactments
Vijaya
Ramu
Sekar
S.Bahiratha Marthandan
V.Vaggiravelu
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
