Mirazuddin v. Delhi WADF Board and Ors

Delhi High Court · 21 Jul 2011 · 2011:DHC:10205
P.K. Bhasin
c.R.P.92l20rl
2011:DHC:10205
civil appeal_dismissed

AI Summary

The High Court dismissed the revision petition, upholding the trial court's discretion to condone delay in filing the written statement due to the respondent's advanced age and health issues.

Full Text
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IN THE HIGH COURT OF c.R.P.92l20rl
MIRAZUDDIN
Through:
DELHI AT NEW DELHI..... Petitioner
Ms. Kumkum Jain. Advocate.
/p
VERSUS
DELHI WADF BOARD AND ORS
Through: None..
CORAM:
HON'BLE MR. JUSTICE P.K. BHASIN..... Respondents o 21.07.201L
CM No. 13142/2011
Exemption as prayed for in this application is granted subject to all just exceptions. The application stands disposed of.
CM No. L3143/201L
For the reasons given in the application for delay in refiling of the revision petition after removal of objections raised by the registry is condoned and this application stands disposed of. c.R.P.9212011
I have heard corursel for the petitioner.
The petitioner is aggrieved by the order of the trial Courl whereby the written statement filed by the respondents no. 2 and 3 herein was taken on record after condoning the delay. The reason given by these defendants, who are mother and son, was that mother was aged 76 years and was suffering from old age problems including arthritis.
The learned trial Court has found the delay to be for unintentional and bona fide reason.
I, therefore, do not find any reason to interfere in the impugned order in exercise of revisional jurisdiction. This revision petition is, therefore, dismissed in limine.
JULY 2l,20ll nk
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P.K. BHASIN,J
2011:DHC:10205
JUDGMENT