M. VISHWESHWARA SHASTRY versus M. GOPALAKRISHNA BHAT AND ORS.

M. VISHWESHWARA SHASTRY versus M. GOPALAKRISHNA BHAT AND ORS.

The appellant provided sufficient bona fide reasons for delay, and no denial or objection from the opposite party; therefore, summary rejection of the extension application was unjustified and time for filing written statement was to be further extended.

Parties
Appellant: M. Vishweshwara Shastry; Respondent: M. Gopalakrishna Bhat; Respondents: Others
Jurisdiction
India
Judgment Date
07 March 2007
Procedural Posture
Civil Appeal / Appeal Against Summary Rejection of Application for Extension of Time to File Written Statement
Outcome
Appeal allowed
Legal Topics
Delayed Filing of Written Statement, Extension of Time, Bona Fide Mistake
Civil Procedure Delayed Filing of Written Statement Extension of Time Bona Fide Mistake

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Parties

M. Vishweshwara Shastry

Appellant

M. Gopalakrishna Bhat

Respondent

Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against Summary Rejection of Application for Extension of Time to File Written Statement

Legal Issues

  1. 1 Whether the appellant was entitled to extension of time for filing the written statement due to bona fide mistake
  2. 2 Whether the High Court was justified in summarily rejecting the application for extension of time

Ratio Decidendi

The appellant provided sufficient bona fide reasons for delay, and no denial or objection from the opposite party; therefore, summary rejection of the extension application was unjustified and time for filing written statement was to be further extended.

Court Disposition

Appeal allowed

Orders

  • Order of High Court rejecting extension application set aside
  • Written statement to be filed within four weeks from today if not already filed