Final Order 1

Order Details: Notice of Motion
Pdf Text: 45 Dt: 06.03.2020
SUM 888/18
SJ 352/18
NM 1014/20
...SUM 888/18
SJ 352/18
NM 1014/20
CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28)
Adv. Gujar for plaintiff file reply to Draft NM filed by
defendant.
Representative of defendant present.
Adv. Sushant for defendant filed Register NM 1014/20 @
affidavit.
Heard argument on NM on behalf of both the parties.
ORDER: The Ld advocate on behalf of the plaintiff argued
that no sufficient reason is made out to condone the delay.
There is no material to prove the contentions of the
defendants. The grounds as raised by the defendants are
after thought, therefore She urged to reject the Notice of
Motion.
On perusal of the affidavit in support of the notice of
motion it appears that the delay caused to file the reply is
of only 5 days. Even the plaintiff does not dispute that the
reply is filed with delay of 5 days. Ofcourse, the notice of
motion has been taken out subsequently i.e. after filing of
reply. The reasons for delay are that the advocate was not
attending his office from 29th November to 5th December.
The summons was received by the peon. On 5th december
when the advocate resumed the office, he was under the
impression that the summons has been served on the same
date i.e. 5th December 2018. The reasons as mentioned are
satisfactory to condone the delay and accept the reply on
record. It may be noted here that the defendants had
already appeared, however, exparte order was passed
against them after their appearance. Considering overall
circumstances, and in the interest of justice to give an
opportunity to the defendant to put their contentions in the
form of reply/leave to defend, it is just and proper to set
aside the Exparte decree, condone the delay caused to file
the reply and accept the reply on record subejct to cost.
Hence, the Notice of Motion 1014/20 is allowed and the
Exparte order dtd.30.07.2019 passed against the
defendants is set aside and delay caused to file the affidavit
in reply is condoned and the affidavit in reply be taken on
record subject to cost of Rs.2000/ to be paid to the
plaintiff on behalf of the defendants.
Adjd for Compliance and Hearing to 02072020
Judge
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