Date: 27-03-2019
Business: Adv. Naqvi for Plaintiff present.
Adv. Kirti Mehta for Defendant present.
Deft tendered original NM no.1048/19 t.o.r.
Copy given to other side.
Say filed by Adv for Plaintiff on NM.
Order below Notice of motion No.1048/19.
Read notice of motion, affidavit in support of it and reply of Plaintiff.
Defendant has taken out notice of motion making prayer to condone delay of 72 days occurred in filing written statement and to take written statement on record. It is contended by defendant that as he went to attend marriage at Surat so she could not file written statement within 30 days of her appearance and meanwhile matter was referred for mediation but mediation failed.
No doubt reasons assigned by the defendant are not extra ordinary. However, in the interest of justice and fair trial I am of view to condone delay caused in filing written statement. Moreso, delay caused is not inordinate and deliberate. She has also annexed written statement alongwith notice of motion which shows her conduct, bonafide and she does not want to delay the prosecution of matter.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099). Keeping in view above legal position in the facts of matter I am inclined to condone delay caused in filing written statement and take written statement of defendant on record. However, considering the period of delay and conduct of defendant it is necessary to impose certain costs upon her. Therefore, pass following order.
ORDER
1. Notice of Motion No.1048 of 2019 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.2,000/- to the Plaintiff within period of two weeks. Defendant is at liberty to deposit costs payable to Plaintiff in Court.
2. On payment of costs by defendant to Plaintiff, written statement filed by her be marked exhibit.
Accordingly, NM no.1048/19 is disposed off.
Earlier order to continue till next date.
Adj for NM hearing to 12.06.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 27-03-2019
