Case Note & Summary
The petitioner-plaintiff filed a suit for recovery of Rs.21,00,000/- paid as part consideration for purchase of a flat. The suit was dismissed in default in 2008 but restored in 2011. Thereafter, the suit was transferred to the City Civil Court. The defendant filed a written statement on 24th March 2015, which was beyond the prescribed period. The defendant filed Notice of Motion No.71 of 2017 seeking condonation of delay of 9 years and 79 days. The trial court allowed the motion subject to payment of costs of Rs.15,000/-. The plaintiff challenged this order under Article 227. The High Court held that the trial court had exercised its discretion judiciously, considering that the defendant had shown sufficient cause and no irreparable prejudice was caused to the plaintiff. The High Court dismissed the petition, upholding the condonation of delay.
Headnote
A) Civil Procedure - Condonation of Delay - Filing of Written Statement - Order 8 Rule 1, Section 151 Code of Civil Procedure, 1908 - The defendant sought to file written statement after a delay of 9 years and 79 days. The trial court condoned the delay subject to costs of Rs.15,000/-. The High Court upheld the order, holding that the defendant had shown sufficient cause and no prejudice was caused to the plaintiff that could not be compensated by costs. (Paras 1-17)
Issue of Consideration
Whether the learned City Civil Court Judge erred in condoning the delay of 9 years and 79 days in filing the written statement, and whether the impugned order warrants interference under Article 227 of the Constitution of India.
Final Decision
The High Court dismissed the writ petition, upholding the order of the City Civil Court condoning the delay subject to payment of costs of Rs.15,000/-.
Law Points
- Condonation of delay
- Sufficient cause
- Prejudice
- Costs
- Order 8 Rule 1 CPC
- Section 151 CPC
Case Details
2019 LawText (BOM) (10) 46
Writ Petition No. 5873 of 2018
Mr. Rajesh Singh, a/w Priti Mahajan, for the Petitioner; Mr. V. P. Sawant, i/b Mr. Raju M. Yamgar, for the Respondent
Rameshwar Rathanlal Karwa
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Nature of Litigation
Civil writ petition challenging an order condoning delay in filing written statement.
Remedy Sought
The petitioner-plaintiff sought to set aside the order dated 17th January 2018 passed by the City Civil Court, Bombay, which allowed the defendant to file written statement by condoning delay of 9 years and 79 days.
Filing Reason
The plaintiff contended that the trial court erred in condoning the inordinate delay without sufficient cause.
Previous Decisions
The suit was initially dismissed in default on 28th January 2008, restored on 4th February 2011, and later transferred to City Civil Court. The defendant filed written statement on 24th March 2015, leading to the Notice of Motion for condonation of delay.
Issues
Whether the trial court correctly exercised its discretion in condoning the delay of 9 years and 79 days in filing the written statement.
Whether the impugned order warrants interference under Article 227 of the Constitution of India.
Submissions/Arguments
The petitioner argued that the delay was inordinate and no sufficient cause was shown.
The respondent contended that the delay was due to circumstances beyond control and no prejudice was caused to the plaintiff.
Ratio Decidendi
The court held that the trial court's discretion in condoning delay should not be interfered with unless it is perverse or arbitrary. The defendant showed sufficient cause and the plaintiff could be compensated by costs.
Judgment Excerpts
Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard finally.
This petition under Article 227 of Constitution of India takes exception to an order dated 17th January, 2018, passed by the learned Judge, City Civil Court, Bombay, in Notice of Motion No.71 of 2017 in Suit No.7057 of 2005, whereby the learned Judge allowed the Notice of Motion and permitted the defendant-respondent to file written statement dated 24th March, 2015, by condoning the delay of 9 years and 79 days, subject to payment of costs of Rs.15,000/- by the defendant to the plaintiff-petitioner.
Procedural History
The suit was filed in the High Court, dismissed in default on 28th January 2008, restored on 4th February 2011, transferred to City Civil Court. The defendant filed written statement on 24th March 2015. The defendant filed Notice of Motion No.71 of 2017 for condonation of delay. The trial court allowed the motion on 17th January 2018. The plaintiff filed the present writ petition under Article 227.
Acts & Sections
- Code of Civil Procedure, 1908: Order 8 Rule 1, Section 151
- Constitution of India: Article 227
