The court condoned a 58-day delay in filing the plaintiff's reply to the 1st defendant's counter claim in a civil suit, deeming it in the interest of settling issues on merits.
Delay of 58 days is condoned; reply statement filed by the plaintiff is taken on file regarding the counter claim.
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A.No.2396 of 2020 in C.S.No.490 of 2019
C.V.KARTHIKEYAN J,
The 1st defendant had filed a written statement along with the counter
claim. This necessitated the plaintiff to file a reply to the same. However,
there is a delay of 58 days in filing the reply statement. This Application has to be filed seeking to condone the delay.
2.In the Application filed in support of the said application, it had
been stated that the officer at various branches and at various levels were
involved to give instructions with respect to the responses to the various allegations stated in the written statement. It was therefore stated that there
was some delay in giving instructions to the counsel to prepare the written
statement to the counter claim made by the 1st defendant.
3.Heard learned counsel for the 1st defendant also.
1/2
C.V.KARTHIKEYAN J,
smv
4.Taking into consideration the fact that it would only be in the
interest of all the parties that the issues raised are settled on merits, the delay is condoned and the reply statement of the plaintiff insofar as counter
claim of the 1 st defendant is concerned is taken on file.
16.10.2020
smv
A.No.2396 of 2020
in
C.S.No.490 of 2019
2/2
1 issue framed by the court
Whether the delay of 58 days in filing the reply statement to the counter claim warrants condonation.
2 provisions across 2 enactments
Plaintiff
1st Defendant
C.V.KARTHIKEYAN J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
