Date: 09-01-2019
Business: Defendant No.1 present.
None present for plaintiff.
KB
L.O.
Adv. R.P.Singh for Defendant present.
He tendered registered NM no.119/19 t.o.r.
Copy of NM be served on other side.
Adj for service to 29.01.2019.
Next Purpose: SERVICE
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Adv. Salunkhe for Defendant no.1 present.
Adv. Shukla for Plaintiff present.
Say filed by Adv for Plaintiff on NM No.119/19.
Order below NM No.119/19.
Perused Notice of Motion, affidavit in support of it and say of Plaintiff. Heard respective counsel for parties. Present Notice of Motion is taken out by Defendant no.1 for condoning delay in filing written statement and allowing him to file written statement. It is contended that Defendant no.1 tried to settle the dispute as it was between the family members so he could not approach his Advocate to file written statement in above matter. He approached his present Advocate who prepared his written statement on 04.04.2018 and same is verified and affirmed by him on 05.04.2018 but it could not be taken on record as delay has been caused to file the same. Thereafter, he was bed ridden and advised by Doctor to take complete bed rest. In above circumstances, Defendant no.1 has made prayer in above terms. Plaintiff has opposed motion on the count that it does not disclose sufficient cause and is not supported by documents. It appears that writ of summons has been served upon Defendant no.1 on 29.01.2018. He ought to have file written statement within 30 days from date of service of summons but he failed to do so. Alongwith motion written statement is filed to show that verification has been made by Defendant no.1 on 05.04.2018 i.e. within the period of outer limit of 90 days from the date of service of summons. It shows bonafide on his parts. Considering above facts and that reason assigned by the Defendant no.1 are sufficient to condone the delay caused in filing of written statement. Hence pass following order.
ORDER
1. Notice of Motion no.119/19 is allowed subject to cost of Rs.1,000/- payable to Plaintiff and made absolute in terms of prayer clause A subject to payment of cost.
2. On payment of cost written statement be taken on record.
Cost paid by Defendant no.1 to Plaintiff.
Ex.3 Written statement filed by Defendant no.1 t.o.r.
Adj for issues to 19.03.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 29-01-2019
