Final Order 1

Order Details: Other
Pdf Text: 13.12.2019
SU 2138/19
NM 4183/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Sana Khan for plaintiff present.
Adv. Ravi Chidurala for defendant nos.1, 3 and 6 present.
He tendered draft NM t.o.r.
O Leave granted to register it.
Copy is served upon plaintiff.
Say filed by plaintiff.
KB
LO
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft notice of motion, affidavit in support of it and reply of plaintiff.
Heard respective counsel for parties.
Draft notice of motion is taken out by defendant Nos.1, 3 and 6 to condone
delay caused in filing written statement and to take the same on record. They
assigned reason that initially copy of some of the annexures to the plaint which
were supplied to them were not legible therefore their advocate wrote letter to the
advocate for plaintiff for providing legible copy. More so, delay has been caused
as they had spent time to collect information for filing written statement. In view
of above facts they prayed in above terms.
Plaintiff leave to the discretion of this Court.
Before adverting to the facts I would like to mention that it is a settled law
that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances
written statement can be accepted with reasons. It is also held that in an
adversarial system, no party should be denied an opportunity in participation of
the justice dispensation system (Salem Bar Association V/s Union of India 2003
AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal
position, now, I consider notice of motion.
It is clear that delay caused is not inordinate and more so, it cannot be said to
be deliberate. Reasons assigned by these defendants are sufficient to condone
delay caused in filing of written statement and to take the same on record.
Therefore, in the interest of justice and equity I am inclined to allow present draft
notice of motion subject to imposition of costs upon defendant Nos.1, 3, and 6.
Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer
clauses (a) and (b) subject to payment of costs of Rs.1000/ to the plaintiff within
period of two weeks from the date of this Order.
Defendant Nos.1, 3 and 6 are at liberty to deposit costs payable to the plaintiff
in the Court.
2. On payment of costs, written statement of defendant Nos.1, 3 and 6 be taken
on record and marked exhibit.
3. Draft notice of motion be registered for statistical purpose.
4. Accordingly, draft notice of motion is disposed off.
Adjourned for direction to 18.01.2020.
Judge
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