Final Order 1

Order Details: Other
Pdf Text: 04.02.2019
SU 2822/18
Exh.2
Exh.3
Exh.4
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Later on at 3.10pm.
Original NM No.515/19 has been registered for statistical purpose
and tendered by Defendant.
It is already disposed off, so it be removed from board.
Matter already, adj for reply of NM to 26.03.2019.
Judge
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