Final Order 1

Order Details: Notice of Motion
Pdf Text: 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.
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Written statement of defendant.
plaintiff tendered original NM no. 2373/18.
The Ld. Advocate for the plaintiff seeks time to file rejoinder to the reply filed by the defendant to
NM no. 2373/18
Adjourned for rejoinder to NM / hearing on NM No. 2373/18 to 9.1.2020.
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