Date: 14-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Resumed.
Adv. Bhavna Pande for plaintiff and Adv. R. S. Yadav for defendant are present.
Adv. Pande seeks time to file reply to NM. Time is granted.
By consent the matter is adjourned.
Adjd for NM reply to 24.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: Adv. Bhavana Pandey for plaintiff present.
Adv. M. D. Pandey for defendant persent.
Board is discharged as the court is busy in hearing final arguments in time bound SU-89/15.
Adjourned NM reply to 26.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019
Date: 24-06-2019
Business: Adv. Bhavana Pandey for plaintiff present.
Adv. M. D. Pandey for defendant persent.
Board is discharged as the court is busy in hearing final arguments in time bound SU-89/15.
Adjourned NM reply to 26.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv. Bhavna Pandey for plaintiff present.
Adv. R. S. Yadav for defendant present.
The Ld. counsel for plaintiff seeks time to file reply to NM. Last chance is granted.
Adjourned for reply to NM to 21.9.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: Adv. Bhavna Pandey for plaintiff present.
Adv. R. S. Yadav for defendant present.
Reply filed by plaintiff on NM.
Heard argument of Ld. Advocate for defendant and plaintiff on NM.
Order below Notice of Motion NO. 573/2019
Heard. The ld. counsel for the defendant submitted that this court was pleased to proceed exparte against the defendant on 10.10.2018. The defendant submitted that she had gone to her native place in Uttar Pradesh. She came to know about when her son informed about the filing of the suit by the plaintiff. The writ of summons was served upon the son of the defendant. On 10.10.2018 the son of the defendant along with her advocate had been to the court but the matters was listed at no. 72 and after inquiry it revealed that the matter was called at 11.00 am and exparte order was passed. The defendant approached his advocate and filed the present NM and prayed for setting aside the order 10.10.2018.
The plaintiff opposed the present NM and submitted that the delay of 99 days has not been explained. The delay is deliberate and prayed for dismissal of the NM.
It appears that the order was passed on 10.10.2018. It appears that the son of defendant was served on 26.9.2018 The defendant submit on oath that at that time she was not available. It is apparent that service to the son of the defendant and not the defendant. Be that as it may, the defendant appeared in the matter subsequently and has tendered this NM. The plaintiff has not adduced evidence. The matter is at the preliminary stage. No prejudice would be caused to the plaintiff if the request of the defendant is considered and it would be in the interest of justice to give opportunity to defendant. This court is the trial court and substantial rights of the parties are involved. At the trial court the party should not be denied of the opportunity of presenting his case. Thus the defendant has made out sufficient cause for condoning the delay and setting aside the exparte order. Hence it is expedient to pass following order.
ORDER
1. Notice of Motion is made absolute in terms of prayer clause (a) subject to cost of Rs. 2500/- to be paid to the plaintiff within a period of six weeks from today.
2. Payment of cost is subject precedent.
3. After compliance of the order, the written statement filed be taken on record.
4. Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 21-09-2019