Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. R. K. Sharma for the Plaintiff present. Adv. Deepa Bishta for Defendant nos. 2 to 4 present.
This notice of motion has been taken out by defendant no.3 for setting aside order passed in
roznama dated 21.02.2019 and for taking on record affidavit in reply for defendant no.3. Perused
affidavit in support. Heard the learned advocate for defendant no.3 and advocate for the plaintiff.
Perused roznama dated 21.02.2019. It appears that my learned predecessor has accepted reply
tendered on 21.02.2019 only on behalf of defendant no.4 and no reply order has been passed against
the remaining defendants. Today, the reason stated by defendant no.3 in his affidavit in support of
notice of motion is that due to his ill-health, he could not remain present to sign affidavit in reply
tendered on 21.02.2019. During the course of arguments, the learned advocate for the plaintiff has
time and again pointed out that reply tendered on 21.02.2019 was for defendant nos.2 to 4.
Therefore, there is no question of filing another reply on record by this notice of motion. Thus,
considering his submission and after perusal of affidavit in reply on 21.02.2019, it appears that, it is
reply filed on behalf of defendant nos.2 to 4. In the circumstances, considering order passed on
21.02.2019, I proceed to pass the following order in this notice of motionORDER Order passed on
21.02.2019 is hereby set aside and already tendered reply to notice of motion be taken on record as
reply on behalf of defendant nos.2 to 4 to the notice of motion of the plaintiff bearing No.3950 of
2018. Accordingly, the Notice of Motion No.845/2019 stands disposed of accordingly. Heard Ld
adv for the Plaintiff in N/M no. 3950/18. Adv for the Defendant nos. 2 to 4 seeks adjournment.
Granted as a very last chance, with direction that failure to argue the matter on next date, N/M will
be fixed for order. Matter is adjd. to 14.06.2019 for N/M hearing by Defendant nos. 2 to 4.
sd/-
Judge
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