Supreme Court Dismisses Petition Over Delay in Filing Written Statement.
22 November 2024
Civil Suits >> Civil & Consumer Law
The Supreme Court has dismissed a petition of Nitin Mahadeo Jawale & Others v/s Bhaskar Mahadeo Mutke., arising from a judgment passed by the Bombay High Court in April 2024, which set aside the Trial Court's order permitting the defendants to file their written statement after a delay of over four years. The High Court had ruled that the Trial Court's decision to condone the delay was incorrect.
The defendants (petitioners in the Supreme Court) had failed to file their written statement within the prescribed time, leading to the closure of the stage for filing. They later sought permission from the Trial Court to file it after a delay of more than four years. The Trial Court had allowed this request, but the plaintiff (respondent) challenged the decision in the High Court, which ultimately ruled in the plaintiff's favor.
The Supreme Court, upon reviewing the case of Nitin Mahadeo Jawale & Others v/s Bhaskar Mahadeo Mutke, found no error in the High Court's decision. The Court observed a growing tendency where litigants attempt to blame their lawyers for delays in judicial proceedings. However, the Court emphasized that litigants have a duty to be vigilant about their legal rights and the progress of their case. The negligence or carelessness of a lawyer, if any, cannot be used as a justification for condoning a long delay in legal proceedings. The petition was dismissed, and any pending applications were disposed of.