Final Order 1

Order Details: Other
Pdf Text: 27.02.2018
SU 32/17
CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03)
Adv. D.A. Barot for plaintiff present.
Adv. Singh for D-1 present and tendered original NM No.115/2018
alongwith affidavit, taken on record
D-2,7 and 8 have not filed written statement till today despite
service. Hence suit to proceed without their written statement.
Plaintiff is directed to take steps to serve D-4. Issue fresh writ of
summons.
Heard both sides in NM No.115/2018.
By this notice of motion, the D-1 is praying for recalling the order
dated 8.12.2017 passed by this court and for permission to file
written statement.
Heard the Ld. counsel for the parties.
The D-1 has explained the reasons for the delay in paragraph no.3 to
11 of the affidavit filed in support of the notice of motion. It is stated
that the plaintiff had amended the plaint and D-1 was required to
file written statement on the basis of amended plaint. It appears that
written statement was lying ready with the advocate for D-1 but it
was not filed due to mistake of junior advocate.
The D-1 has made out sufficient cause for condoning the delay of
about 1 year. However, the plaintiff has to be compensated by
imposing cost on D-1. Hence notice of motion no. 115/2018 is made
absolute in terms of prayer clause (a) subject to payment of cost of
Rs.5000/- to be plaintiff within two weeks from today. If the cost is
paid, the written statement be taken on record. If the cost is not
paid, the notice of motion no. 115/2018 shall stand dismissed.
Matter adj. for Compliance and Written Statement to 11.06.2018.
Judge
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