- Case number
- W.P. No. 27430 of 2018
- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy W. P
- Outcome
- Set aside
Headnote
An application was wrongly deemed abandoned under section 21(2). The two month period runs from receipt of the notice of opposition by the applicant, and the counter statement was filed within two months of the date on which the notice was actually dispatched. The applicant had used the very form the Registrar's notice directed, and since the deeming fiction defeats a substantive right, the application could not be treated as abandoned merely because the prescribed form had changed under the 2017 Rules.
Disposition
Writ petition allowed. Impugned order of deemed abandonment quashed.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.