Sri Chandraprabha Jain Swetambar Temple v. Sri Prakash Chand Golecha
Case brief
What is this about?
Madras High Court order dated 02-01-2026 dismissing CMP No.32792 of 2025 in OSA SR No. 190303 of 2025 - condonation of 53 days' delay in filing appeal refused. Petitioners/appellants: Sri Chandraprabha Jain Swetambar Temple / Sri Choolai Bazaar Jain Sangh, Choolai, Chennai (1st defendant side); counsel M/s.P.Sunil. Impugned order: dated 04.09.2025 in Application No. 3891 of 2025 in C.S. No. 1014 of 2008 (scheme suit), condoning nearly 17 years/5664 days' delay in filing the 2nd defendant's written statement. Prior O.S.A. No. 381 of 2025 by same appellants dismissed at threshold; Advocate Commissioner appointed to complete recording of evidence within six months. Court held 2nd defendant retains right to cross-examine plaintiffs' witness even without written statement on file. Dismissed, no costs. Bench: C.V. Karthikeyan J. (author) with K. Kumaresh Babu J.
What did the court decide?
Even if the written statement of the 2nd defendant is not taken on file, the 2nd defendant would still have a right to cross-examine the witness of the plaintiffs; accordingly, refusal to condone the delay does not deprive the 2nd defendant of participation in the proceedings.