Published on: 30 September 2022 at 09:11 IST
Court – Supreme Court of India
Citation – Kailash v. Nanhku (2005) 4 SCC 480
Hon’ble Supreme Court of India has held that the defendant to the civil suit deserves to be punished with the cost to deter them from seeking unjustified extension of time in filing written statement and to compensate the plaintiff for the delay and inconvenience caused to him.
Para – 44
The extension of time shall be only by way of exception and for reasons to be recorded in writing, howsoever brief they may be, by the court. In no case, shall the defendant be permitted to seek extension of time when the court is satisfied that it is a case of laxity or gross negligence on the part of the defendant or his counsel.
The court may impose costs for dual purpose: (i) to deter the defendant from seeking any extension of time just for the asking, and (ii) to compensate the plaintiff for the delay and inconvenience caused to him.
Drafted by – Abhijit Mishra
Key Words – Trial of Election Petition, Extension of Time, Written Statement.