Final Order 1

Order Details: Notice of Motion
Pdf Text: NM No.204/18 ..1.. Suit No.827/17
CNR No.MHCC010007852018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.204 OF 2018
IN
SUIT NO.827 OF 2017
Manbir Singh Chhabra .. Plaintiff
Versus
Bank of Baroda .. Defendant
None for plaintiff
Learned Advocate Anant B. Shinde for defendant
CORAM : HER HONOUR JUDGE
SMT. ULKA L. JOSHI
(COURT ROOM NO.31)
DATE : 2nd May, 2018
: ORDER :
1. Order dated 12/09/2017 is under challenge in this notice of
motion.
2. Story put forth by defendant bank in short is that,
Writ of summons is served in the month of April, 2017. Due
to oversight mistake of learned advocate entry of wrong date is taken.
Hence, written statement could not be filed within stipulated period.
Delay is not deliberate or intentional. In such eventuality if participation
is not allowed much injustice will cause to him. Hence, this notice of
motion for condonation of delay and leave to file written statement.
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NM No.204/18 ..2.. Suit No.827/17
3. In spite of service no reply is filed to this notice of motion by
plaintiff. Hence notice of motion proceeded without reply.
4. Before entering into actual merit, let me quote that provision
of Order 8 Rule 1 of Civil Procedure Code is procedural and directory in
nature. Basic object of incorporation of Order 8 Rule 1 is to curb
mischief played by unscrupulous litigants who cause delay in disposal of
cases. Departure from time schedule is permissible in cases where
circumstances are beyond the control of parties or in cases when it is
required to prevent injustice to the other side. Reliance in that regard,
can be placed on the law laid down in case of Sambhaji and Others Vs.
Gangabai and others [(2008) 17 Supreme Court Cases 117] and in
case of State of Goa & Ors. Vs. H.B.Singh & Co. [2012 (4) ALL MR
750]. By keeping well in mind this basic requirement let me turn
towards factual aspects.
5. It is contention of defendant that due to wrong entry as
regard next date by the advocate written statement could not filed
within stipulated time. This circumstance cannot be said to be beyond
control of party or exceptional circumstance. Hence, on that count
defendant is not entitled for condonation of delay.
6. Pertinent to note that rules of procedure are made to advance
the cause of justice. Equity and substantial cause of justice always
demands opportunity. Hence with a view to decide real point in
controversy once for all on merit and with a view to avoid multiplicity
of lis delay is require to be condoned. However, considering the
negligence at the hands of defendant cost is require to be imposed.
Hence I pass following order:
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: ORDER :
1. Notice of Motion No.204 of 2018 is made absolute in terms of prayer
clause No.(a) and (b) subject to cost of Rs.5000/ by defendant bank to
plaintiff on or before next date.
2. After payment of cost delay stands condoned and written statement
be taken on record.
(Pronounced in Open Court)
(Smt. U. L. Joshi)
Judge
City Civil & Sessions Court,
Date : 02/05/2018 Gr. Bombay
Typed : 02/05/2018
HHJ signed on :
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