Final Order 1

Order Details: Notice of Motion
Pdf Text: None present for the parties. Order is passed in Notice of Motion No. 316/20. Heard
the advocate for defendants. No say filed by the plaintiff and challenged the Notice
of Motion No. 316/20. The defendants submitted that plaintiff has filed suit for
permanent injunction against the defendants. The suit summons duly served to
plaintiff on 16.04.2019. The defendant was searching some documents to prepare
the written statement and seeking adjournment time to time. She further submitted
that she is widow and residing with her minor daughter and there is no means to
earning. She was out of station and unable to contact the advocate for preparation
of written statement. Therefore, no WS order is passed against her. Due to the above
reason she unable to file the written statement and this Notice of Motion no. 316/20
and there is delay for 133 days. She further submitted that the circumstances are
beyond her control. The defendant not purposefully delay for filing WS and
requested to condone the delay. Considering, the reason mentioned in the NM
though the suit summons served to the defendant but she could not filed written
statement within stipulated time and no written statement order is passed against
her. The reason mentioned for delay is not denied by the other party. Therefore,
why I believe on her statement. Considering nature of the suit, the opportunity is
required to be given to the defendant. If the Notice of Motion No. 316/20 is allowed
and the WS bring on record it will not harm cause to the plaintiff. It will better to
decide the matter on merit required to allowed the Notice of Motion No. 316/20 but
some costs must be imposed on the defendants. Hence, the Notice of Motion No.
316/20 is made absolute subject to cost of Rs. 500/ pay to the plaintiff. After
payment of cost the written statement of defendant will be Taken on record.
-- 1 of 1 --