Delay in filing w.s., needs judgment urgently.
soniya
(Querist) 23 January 2013
This query is : Resolved
Dear Members,
I have waive the service of summons on 27.9.2012. I have to file my w.s. on or before 26.10.2012. I could not filed as it was not ready. I have prepared the application for asking 2 weeks extension but the board was discharged on 25.10.2012 and i have not mentioned.
My W.s. was ready by. 3.3.12 the next date was 6.12.12. on that day court was vacant. matter adjourned for 8.1.2013. On 8.1.2013 i have served the copy of w.s. to the advocate for defendant in court. On that date i.e. 8.1.2013 also court was vacant and matter was adjourned for 16.1.2013.
On 16.1.2013 i tried to file my W.s. but court has not accept it and kept matter for no w.s. order. I explained to the court that i was under impression that if board is discharged or court is vacant and court gives next date in the matter the time to file W.S. is automatically extend.
As judge has refused to accept it i have taken out Notice of motion for delay condo- nation and mentioned all the facts in the affidavit.
Now the matter is on 22.2.2013 for hearing of Notice of motion of delay condonation.
Kindly help me with the judgment which is relevant in abovementioned kind of issues. where in delay has been condone by the court in such types of cases.
Actually i do not want that client should suffer on my lack of knowledge.
Need your assistance as early as possible.
Thanks and regards.
Adv. Soniya.
Raj Kumar Makkad
(Expert) 23 January 2013
Supreme Court of India
Zolba vs Keshao And Ors on 1 April, 2008
Bench: T Chatterjee, H S Bedi
CASE NO.:
Appeal (civil) 2360 of 2008
PETITIONER:
Zolba
RESPONDENT:
Keshao and Ors
DATE OF JUDGMENT: 01/04/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
http://indiankanoon.org/doc/455201/
Devajyoti Barman
(Expert) 23 January 2013
You have to explain the delay beyond 90 days.
Raj Kumar Makkad
(Expert) 23 January 2013
The given citation covers such situation as narrated in the query.
ajay sethi
(Expert) 23 January 2013
delay is generally condoned on payment of costs . dont worry
soniya
(Querist) 24 January 2013
Thanks a lot respected members for the judgment. i am really thankful. thanks alot. i will go through with the judgment. Thanks.
