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TAPPE SINGH versus NAGAR NIGAM, GORAKHPUR

High Court of Judicature at Allahabad

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Tappe Singh v. Nagar Nigam, Gorakhpur - WRIT - C No. 33160 of 2007 [2007] RD-AH 12764 (24 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.

24.7.07sm

wp30399/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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