The court allowed an application for condonation of delay of 1308 days in filing a written statement, noting the applicant's withdrawal of an earlier objection and their bonafide belief. The written statement was taken on file.
Application for condonation of delay allowed; written statement taken on file.
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A.No.546 of 2021 in C.S.No.234 of 2017
A.No.546 of 2021 in C.S.No.234 of 2017
N.SESHASAYEE, J.,
The learned counsel for the applicant/eighth defendant has filed a written statement along with an application to condone the delay of 1308 days in
filing the same.
2.The learned counsel for the applicant made a statement that this defendant is the sole contesting defendant and the eighth defendant/mortgagee has moved an application for rejection of the plaint almost immediately when the suit was laid and when that application came before this Court, in the course of the hearing, the eighth defendant/applicant decided to withdraw the said application and filed the present petition.
3.She added that the eighth defendant/applicant had the bonafide belief that withdrawal of the earlier application and filing of the present application would be appropriate course of action. She further added that
the application may be allowed taking into consideration the circumstances that preceded its filing.
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A.No.546 of 2021 in C.S.No.234 of 2017
N.SESHASAYEE, J.,
Tsg
4.This Court finds reasons to allow the application and accordingly, the
application is allowed and the written statement of the eighth
defendant/applicant is taken on file.
14.06.2021
Tsg
Note to Registry: Post the matter on 06.07.2021
A.No.546 of 2021
in C.S.No.234 of 2017
2/2
3 issues framed by the court
Whether the condonation of delay of 1308 days in filing written statement is warranted.
Whether the application to condone delay should be allowed given the circumstances.
Whether the written statement of the applicant should be taken on file.
Eighth Defendant/Applicant
APPLICANT
N.SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
