Date: 04-03-2019
Business: Resumed.
Adv. Sandesh Deshpande for plaintiff and Adv. L. K. Sharma for defendant are present.
Adv. Deshpande filed affidavit in rejoinder to the reply to NM No. 2531/2018.
Adv. Sharma tendered registered NM NO. 592/2019.
Heard, respective advocates on NM No. 592/2019.
It appears from record that there is 40 days delay in filing w.s. In view of ratio laid down by the Hon\''ble Supreme Court Vimalkumar vs. Vinodkumar reported in 1999 (1) Mh.L.J 180 Rule 10 of order 8 of C.P.C. gives discretion to the Court and the Court can permit to file w.s. at any stage prior to pronouncement of judgment. The suit is for specific performance of an agreement and therefore, it is just and proper to allow the defendant to file w.s. in order to decide the suit on merits. The prejudice the plaintiff may suffer can be compensated in term of costs. Thus the following order is passed-
ORDER
The Notice of Motion no. 592/2019 is made absolute in terms of prayer clause (a) subject to payment of costs of Rs. 500/- to the plaintiff within a period of two weeks from today.
Adjd for compliance to 29.03.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 04-03-2019