Final Order 1

Order Details: Other
Pdf Text: 22.01.2020
SU 9875/88
NM 13/20
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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
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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.
Judge
….................
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
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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.
Judge
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