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2022 (5) TMI 1420 - HC - Indian LawsCondonation of delay of 3330 days caused in filing the written statement - non filing of the written statement by their advocate - Suit for declaration and permanent injunction - HELD THAT:- The consideration which cannot be ignored is that if sufficient cause for excusing delay is shown, discretion is given to the Court to condone delay. This discretion has been deliberately conferred on the Court in order that judicial power and discretion in that behalf should be exercised to advance substantial justice - Further, it is trite law that a party should not suffer due to the in action on the part of the advocate and that the matter should be decided on merits rather than on technical ground. The Court is of the considered view that valuable right of the defendant Nos. 3 and 4, and petitioners herein should not be defeated by declining to condone the delay which has occurred for the in action on the part of their advocate. More so when, despite service the respondents herein have chosen not to appear before this Court and to controvert the petition. Accordingly, the Court is inclined to exercise discretion in favour of the petitioners, however with some exemplary costs. Petition allowed.
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