Final Order 1

Order Details: Other
Pdf Text: 04.04.2019
SU 3251/12
@ NM
1113/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Aditi Yadav for Plaintiff present.
She tendered original NM No.1113/19 t.o.r.
Adv. Minal Chavan for Defendant nos.1 and 2 present.
Order below Notice of Motion No.1113/19.
Read notice of motion, affidavit in support of it, reply of defendant
nos.1 and 2.
Heard respective counsel for parties.
Notice of motion is taken out by the applicant to carry out amendment
in terms of order dtd.20.06.2018 passed in Chamber summons
no.232/18. It is contended that applicants were directed to carry out
amendment within two weeks from date of order but due to illness of
proposed Plaintiff no.1a, amendments could not be carried out. It
seems that delay of about 8 months has been caused in order to carry
out amendment. Although delay on the part of applicants cannot be
said to be deliberate but they are negligent in prosecuting the matter
and not carrying out amendment within prescribed time. It would not
be just to throw out notice of motion merely on technicalities. In the
interest of justice and fair trial, I am of the view to permit applicants
to carry out amendment. However, consider the conduct of applicants,
it is necessary to impose certain costs upon them. Hence, pass
following order.
ORDER
1. Notice of motion no.1113/19 is allowed and made absolute in
terms of prayer clauses (a) and (b) subject to payment of costs of
Rs.2000/- to the defendants within period of one week. Applicants are
at liberty to deposit costs payable to the defendants in Court.
2. On payment of costs as per clause (a), applicants to carry out
amendment within period of one week.
Accordingly, notice of motion is disposed off.
Adj for directions to 25.06.2019.
Judge
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