This judgment condones the delay in filing written statements by two respondents in a suit invoking Section 92 CPC, allowing the pleadings to be taken on file.
Written statements of the respective parties shall be taken on file despite condoned delays.
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.
A.Nos.3180 & 3533 of 2024
A.Nos.3180 & 3533 of 2024 in
C.S.No.223 of 2022
RMT.TEEKAA RAMAN, J.
A.No.3180 of 2024 has been filed by the Applicants to condone the
delay of 521 days in filing the written statement.
2.A.No.3533 of 2024 has been filed to condone the delay of 540 days
in filing the written statement of the 2nd Defendant in the above Suit.
3.In respect of A.No.3180 of 2024 the reason stated for the delay is
that as against the order passed in A.No.1749 of 2019 dated 30.11.2021, the Applicants therein preferred OSA.No.17 of 2022, the same was pending. The learned counsel was served with copies of pleadings only on 28.02.2024, and hence, thereafter the present Application was filed.
4.In respect of A.No.3533 of 2024, the said Application was filed by the Trust on the ground that there is an administrative delay. In view of the order passed by this Court, administration of the Trust was initially vested with Hon'ble Mr.Justice P.Shanmugam (Retd.,), then with Hon'ble Mr.Justice S.Jagadeesan (Retd.,) and then with Hon'ble Mr.Justice.V.Parthiban (Retd.,). Thereafter, the legal opinion has been obtained from the learned Senior Advocate and then the same was circulated with the members of the Trust. Hence, there is a delay.
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A.Nos.3180 & 3533 of 2024
for and the written statement of the respective parties shall be taken on file.
19.08.2024
sai
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A.Nos.3180 & 3533 of 2024
RMT.TEEKAA RAMAN, J.
sai
A.Nos.3180 & 3533 of 2024 in C.S.No.223 of 2022
Dated: 19.08.2024
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1 issue framed by the court
Whether delay in filing written statement can be condoned under Order IV Rule 1 of Original Side Rules r/w. Order VII Rule 1 CPC in suits invoking Section 92 CPC.
1 provisions across 1 enactments
Applicants
Trust
2nd Defendant
RMT. TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
