Date: 05-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Resumed.
Adv. Moholkar for plaintiff and Adv. R.S. Choubey for defendant are present.
Adv. Moholkar seeks time to file reply to Nm taken out by the defendant. Time is granted as last chance with a direction to supply copy of NM reply in advance to the advocate for defendant.
Adjd for NM reply to 11.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2019
Date: 11-07-2019
Business: Adv. Moholkar for plaintiff present.
None present for defendant.
Defendant failed to file reply NM. Hence NM is proceeded without reply of defendant.
Adjourned for NM hearing to 13.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019
Date: 11-07-2019
Business: Adv. Moholkar for plaintiff present.
None present for defendant.
Defendant failed to file reply NM. Hence NM is proceeded without reply of defendant.
Adjourned for NM hearing to 13.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Moholkar for plaintiff present.
Adv. Choube for defendant present.
Application filed by the defendant for setting aside the order dated 11.7.2019.
O-Read application. Heard. In the interest of justice application Exh. 5 is allowed and the order to proceed without reply of the defendant to the NM no. 2373/18 is called back and the reply of the defendant is taken on record.
Reply filed by defendant to NM no. 2373/18. TOR.
Heard argument of Ld. Advocate for the plaintiff and defendant on NM no. 502/2019.
Order below Notice of Motion No. 502/2019.
This Notice of Motion is tendered by defendant for condoning the delay in filing the written statement. The Ld. counsel for the defendant submitted that the defendant could not file the written statement within the period of 30 days, but the same has been filed within the period of 90 days. The Ld. counsel for the defendant submitted that the defendant is permanent resident of Prayagraj, Uttar Pradesh and was not keeping well due to poor health on account of advance age and therefore could not contact the advocate for filing the written statement and hence he prayed for condoning the delay. The Ld. counsel fro the plaintiff submitted that plaintiff leave it to the discretion of the court.
Considering the reason given by the defendant for delay it appears that the defendant has made out sufficient cause for delay. The matter is at initial stage. Substantial rights of the parties are involved. It would be in the inters of the parties if the matter is decided on merit. No prejudice will be caused to the plaintiff if the written statement is taken on record. Even there should not be hyper technical and pedantic approach in dealing with such type of petition. Hence it is expedient to pass following order.
ORDER
1. Notice of Motion No. 502/2019 is made absolute in terms of prayer clause (a) and (b).
2. The written statement filed by the defendant be taken on record.
3. Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 06-11-2019
