Date: 22-01-2020
Business: Adv. Kapadia for plaintiff present.
Adv. Chauhan for defendant No.2a and 2b present.
He tendered registered NM No.285/20 - t.o.r.
Copy is given to other side.
Heard both sides.
KB
LO
Following order is passed below Notice of Motion No.13 of 2020
Perused notice of motion, affidavit in support of it, reply of plaintiffs and roznama of proceeding. Heard respective counsel for parties.
Defendant No.2(a) has taken out present notice of motion to set aside order dated 11.10.2019 passed by this Court to proceed further as defendant Nos.2(a) to 2(d) have not taken steps to adopt written statement of original defendant No.2 and further prayed to permit her to adopt written statement of defendant No.2 and to file additional written statement pursuant to amendment carried out by plaintiffs. She also prayed to grant any other relief in the interest of justice.
It is the contention of defendant No.2(a) that she wants to contest the matter on merits and no prejudice would be caused to the plaintiffs if she is permitted to file additional written statement and to adopt written statement of original defendant No.2. Accordingly, in the interest of justice she made prayer in above terms.
Plaintiffs filed reply to notice of motion and strongly objected to the same on the count that no sufficient cause has been stated in notice of motion and has not prayed for condonation of delay.
When written statement of original defendant No.2 is already on record then no prejudice would be caused to the plaintiffs if defendant No.2(a) is permitted to adopt written statement of original defendant No.2 by setting aside order dated 11.10.2019. Further, during the pendency of present suit plaintiffs have carried out certain amendments on 28.06.2018. Defendant No.2 (a) wants to deal with those amendments and for that purpose she has sought permission to file additional written statement. Considering above facts of matter in the interest of justice and fair trial I am inclined to allow present notice of motion subject to imposition of certain costs upon defendant No.2(a). Hence, pass following order-
ORDER
1. Notice of Motion No.13 of 2020 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.1000/- (Rupees One Thousand only) to the plaintiffs within period of one week from the date of this order.
Defendant No.2(a) is at liberty to deposit the costs payable to the plaintiffs in the Court.
2. After payment of costs, defendant No.2(a) is permitted to adopt written statement of original defendant No.2 and to file additional written statement on record.
3. Accordingly, notice of motion is disposed off.
Following order is passed below Notice of Motion No.285/2020
Perused notice of motion, affidavit in support of it, reply of plaintiffs and roznama of proceeding. Heard respective counsel for parties.
Defendant No.2(b) has taken out present notice of motion to set aside order dated 11.10.2019 passed by this Court to proceed further as defendant Nos.2(a) to 2(d) have not taken steps to adopt written statement of original defendant No.2 and further prayed to permit him to adopt written statement of defendant No.2 and to file additional written statement pursuant to amendment carried out by plaintiffs. He also prayed to grant any other relief in the interest of justice.
It is the contention of defendant No.2(b) that he wants to contest the matter on merits and no prejudice would be caused to the plaintiffs if he is permitted to file additional written statement and to adopt written statement of original defendant No.2. Accordingly, in the interest of justice he made prayer in above terms.
Plaintiffs filed reply on the notice of motion itself and strongly objected to the same.
When written statement of original defendant No.2 is already on record then no prejudice would be caused to the plaintiffs if defendant No.2(b) is permitted to adopt written statement of original defendant No.2 by setting aside order dated 11.10.2019. Further, during the pendency of present suit plaintiffs have carried out certain amendments on 28.06.2018. Defendant No.2(b) wants to deal with those amendments and for that purpose she has sought permission to file additional written statement. Considering above facts of matter in the interest of justice and fair trial I am inclined to allow present notice of motion subject to imposition of certain costs upon defendant No.2(b). Hence, pass following order-
ORDER
1. Notice of Motion No.285 of 2020 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.1000/- (Rupees One Thousand only) to the plaintiffs within period of one week from the date of this order.
Defendant No.2(b) is at liberty to deposit the costs payable to the plaintiffs in the Court.
2. After payment of costs, defendant No.2(b) is permitted to adopt written statement of original defendant No.2 and to file additional written statement on record.
3. Accordingly, notice of motion is disposed off.
Adjourned for direction to 07.02.2020.
Nature Of Disposal: ALLOWED
Disposal Date: 22-01-2020