Final Order 1

Order Details: Notice of Motion
Pdf Text: None present for the plff. Adv. Abhiraj Sharma for Defendant no. 3 present. Adv. Suryawanshi for
MMC/Defendant No. 2 present None present for Defendant nos. 4 to 6. Order passed below N/M no
87/19 This N/M has been taken out by Defendant no. 3 for setting aside order dtd 28.11.2018 and
for permitting Defendant no. 3 to file evidence on record. Heard. Perused affidavit in support.
Perused reasons stated and document attached with the affidavit in support. It is wedding invitation
card of son of managing director of Defendant no. 3. The Plaintiff has not filed reply to this N/M. In
the circumstances, reason stated by Defendant no. 3 is reasonable to accept for not filing evidence at
that point of time. In order to decide real controversy between the parties on merits, it is just and
proper to give opportunity to Defendant no. 3 to lead evidence in the interest of justice. Therefore,
N/M no. is to be absolute. With this I proceed to pass the following order. Order 1. N/M no. 87/19 is
made absolute in terms of prayer clause (a) and (b). 2. Order dtd 28.11.2018 passed against
Defendant no. 3 is hereby set aside and Defendant no. 3 is permitted to file evidence on next date,
without fail. Failure to adduce evidence on next date, N/M stands dismissed automatically. 3.
Accordingly N/M no. 87/19 stands disposed of. Matter is adjd. to 10.07.2019 for evidence of
Defendant no. 3.
sd/-
Judge
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