Final Order 1

Order Details: Notice of Motion
Pdf Text: None for plaintiff.
Adv. Khaire for deft. present.
ORDER IN N/M NO.1071/2019
Heard Ld. Counsel for deft. Plaintiff has not filed reply to this N/M. By this N/M, the deft. seeks
permission to file written statement by condoning the delay. The contention of deft. is that ad-
interim order dated 10.11.2018 was running against him. The plaintiff tendered N/M No.4368/18
which was contested by the deft. and the same came to be dismissed vide order dated 25.01.2019.
The second N/M no.4833/18 of the plaintiff came to be dismissed. He would submit that writ of
summons was not served upon to the deft. The ground of writ of summons being not served to the
deft. is no ground when the deft. appeared in the matter. Be that as it may, the plaintiff has not
opposed this N/M. There should not be hyper-technical and pedantic approach in dealing with such
type of N/M. The matter is at the initial stage. No prejudice would be caused to the plaintiff, if the
deft. is allowed to put his defence. It would be in the interest of the parties, if the matter is heard on
merit. In this background, the N/M needs consideration. Hence, it is expedient to pass the
following order.
ORDER
1. N/M No.1071/19 is made absolute in terms of prayer clause (a) and (b).
2. Costs in the cause.
3. N/M No.1071/19 is disposed of accordingly.
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