Date: 04-02-2019
Business: Adv. Arun for Plaintiff present.
Ex.2 Adv for Plaintiff tendered writ of summons t.o.r.
He also filed affidavit of service.
Ex.3 Adv.Khatri filed V/n for Defendant t.o.r.
Adv for Defendant tendered draft NM t.o.r.
Leave granted to register it.
Say filed by Adv for Plaintiff on draft NM.
Order below draft NM.
Read NM, affidavit in support of it and say filed by Adv for Plaintiff.
NM is taken out to condone delay of 25 days caused in filing of written statement by the Defendant and to take written statement on record. Plff objected to NM.
It is contended by Defendant that he was trying to collect documents to enable him to file written statement and also searching for aforesaid documents, because of which delay has been caused. It is not disputed that writ of summons has been served upon Defendant on 12.12.2018 and he has not filed written statement within the period of 30 days from date of service of writ of summons. Keeping in view that reason assigned by Defendant is sufficient to condone the delay caused in filing written statement and moreso delay caused is not inordinate and it cannot be said that there was lack of bonafide on the part of Defendant, so delay caused is condoned and Defendant is permitted to file his written statement.
Accordingly, draft NM is allowed.
For the statistical purpose draft NM be registered and after registration it be removed from board.
Ex.4 Written statement filed by Defendant t.o.r.
Copy of WS is supplied to other side.
Draft NM tendered by Plaintiff.
Leave granted to register it.
Copy of NM is served on Defendant.
Adj for reply of NM to 26.03.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 04-02-2019
