PRESCRIBED STATUARY PROVISIONS VIS-A-VIS DISCRETIONARY POWERS PROVIDED U/S 151 CPC Counter filed to the petition filed by the above defendant u/s 151 CPC most respectfully showeth 1. That at the stage of filing depositions the filing the W.S. through the petition u/s 151 CPC by the above defendant is not tenable as it abrogate the statutory prescribed period of 90 days for filing W.S. much less when the draft issues and depositions of P.W.1 are on record of the Hon’ble Court. 2. The discretionary powers provided u/s 151 CPC are sparingly be used for condonation of delay of filing W.S. when it is not provided under Limitation Act and when it goes against the prescribed statutory provisions provided under amended CPC of 2002. 3. That without prejudice to the statements made above the plaintiff herein submit that the defendant must show the cogent/ reasons for not filing W.S. and in furtherance that allowing preclusion by the Hon’ble Court in spite of taking sufficient grounds which is absolutely absent in the present context of the case of the defendant. 4. That for the reasons stated above the filing W.S. after elapse of long period without any cogent reasons are nothing but to procrastinate the matter at length to defeat the rights of the Plaintiff of early disposal of her suit and same is untenable at this juncture and liable to be rejected to accommodate the disposal of the above case which is at the verge of completion of trial, in the best interest of early disposal of the above suit and to reach the ends of Justice and Equity. Advocate for the Plaintiff
Posted on: Sun, 10 Nov 2013 18:46:00 +0000