NITIN MAHADEO JAWALE & ORS. versus BHASKAR MAHADEO MUTKE

NITIN MAHADEO JAWALE & ORS. versus BHASKAR MAHADEO MUTKE

The High Court correctly set aside the Trial Court's order condoning a delay of 4½ years because such delay was long and inordinate and the litigant's allegation of advocate negligence was not a sufficient ground to condone the delay; accordingly the petition to overturn the High Court order was dismissed.

Parties
Petitioners (original Defendants): Nitin Mahadeo Jawale & Ors.; Respondent (original Plaintiff): Bhaskar Mahadeo Mutke
Jurisdiction
India
Judgment Date
22 November 2024
Procedural Posture
Special Leave Petition (civil) No. 27824 of 2024 / Decision on Special Leave Petition by the Supreme Court
Outcome
Petition dismissed.
Legal Topics
Condonation of Delay, Inordinate Delay in Filing of Written Statement, Blame on Advocate's Negligence
Limitation Act, 1963 Condonation of Delay Inordinate Delay in Filing of Written Statement Blame on Advocate's Negligence

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Parties

Nitin Mahadeo Jawale & Ors.

Petitioners (original Defendants)

Bhaskar Mahadeo Mutke

Respondent (original Plaintiff)

Procedural Posture

Special Leave Petition (civil) No. 27824 of 2024 / Decision on Special Leave Petition by the Supreme Court

Legal Issues

  1. 1 Whether the High Court was correct in setting aside the Trial Court's order condoning a delay of 4½ years in filing the written statement
  2. 2 Whether negligence or carelessness of an advocate, by itself, can be a ground to condone long and inordinate delay

Ratio Decidendi

The High Court correctly set aside the Trial Court's order condoning a delay of 4½ years because such delay was long and inordinate and the litigant's allegation of advocate negligence was not a sufficient ground to condone the delay; accordingly the petition to overturn the High Court order was dismissed.

Court Disposition

Petition dismissed.

Orders

  • Delay condoned.
  • Petition dismissed.