High Court of Judicature at Allahabad
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Tappe Singh v. Nagar Nigam, Gorakhpur - WRIT - C No. 33160 of 2007  RD-AH 12764 (24 July 2007)
Hon. Janardan Sahai,J
Written statement was not filed within time by the Central Bank of India which was defendant in the suit. An application was thereafter filed by the Bank along with the written statement with a prayer to accept the same and to condone the delay. It was stated in the application that the delay in filing the written statement had occurred on account of the fact that the counsel of the defendant was suffering from Paralysis. The trial court by its order dated 4.4.07 allowed the application on payment of Rs.500/- as costs. It has been held by the apex court in Kailash Vs. Nankhu 2005 SC, 2441 that the provision of Order 8, Rule 1 are directory and the power of the court to extend the time has not been taken away. In the circumstances the discretion exercised by the trial court does not suffer from any illegality which may call for interference in writ jurisdiction. Dismissed.
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