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High Court of Karnataka Allows Condonation of Delay in Filing Written Statement — Petitioner's Right to Defend Not to Be Defeated by Technicalities. Delay of 312 days condoned as sufficient cause shown and no prejudice caused to respondents.

The petitioner, a retired judge, was a defendant in O.S. No. 171/2014 pending before the Senior Civil Judge and CJM, Mangaluru. The suit was filed by ...

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Bombay High Court Dismisses Petition Challenging Refusal to Condon 902-Day Delay in Setting Aside Ex-Parte Order. Delay of 902 days in seeking to set aside order 'Suit to proceed without written statement' not sufficiently explained; Court upholds trial court's refusal to condone delay.

The petitioner, Rupchand Rajmalji Jain (Sancheti), was defendant No.2 in a suit filed before the City Civil Court, Mumbai. The suit was originally fil...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Written Statement Filing in Civil Suit — Order 8 Rule 1 CPC Held Directory Not Mandatory. The court declined to interfere under Article 227 as the trial court's order was not perverse or illegal.

The petitioners, who were defendants in a civil suit (O.S.No.6032/2017) pending before the XXVII Additional City Civil Judge, Bengaluru, filed a writ ...

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Bombay High Court Allows Condonation of Delay in Filing Caveat in Testamentary Case — Caveators' Rights Protected Despite Procedural Lapse. Court holds that caveat filed after petition for Letters of Administration is maintainable and delay in lodging caveat can be condoned under Section 148A of CPC.

The case involves a Chamber Summons filed by the applicants, who are the legal heirs of Mr. Adhip Lal Barua (predeceased son of the deceased Captain M...

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Bombay High Court Terminates Arbitral Tribunal Mandate for Unreasonable Delay in Filing Statement of Claim. Condonation of delay set aside as claimant failed to show sufficient cause for 7-month delay.

The petitioner, Wanbury Ltd., filed a petition under sections 14(1)(a), 14(2), and 32(2)(c) of the Arbitration and Conciliation Act, 1996, seeking a d...