Date: 18-04-2019
Business: Resumed.
The P.O. is busy in hearing final arguments in Suit No. 8152/2000 and 9420/2000 and NM orders in Suit No. 563/2019. For want of time the board is discharged.
Adjd for NM reply to 12.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Date: 12-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 12-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Jain for both the defendants present.
Register NM no.1211/19 and 1212/19 tendered by the defendants.
Heard Ld. Advocate for defendants and plaintiff on NM no. 1211/19 and NM no. 1212/19.
Order below Notice of Motion No. 1212/19
This Notice of Motion is tendered by defendant no. 1 seeking the condonation of delay of 96 days in filing the written statement. Heard. The Ld. counsel for the defendant no. 1 submitted that the defendant no. 1 wish to rely upon the documents which are more than 30 years old and it took considerable time for defendant no. 1 to trace out the same. Therefore there is delay in filing the written statement and same be condoned.
The plaintiff opposed the notice of motion on the count that sufficient cause has not been established by the defendant no. 1 and therefore the Notice of Motion needs to be dismissed in limine with costs.
The reason assigned by the defendant no. 1 that the considerable time was consumed by the defendant no. 1 to trace the documents which are more than 30 years old does not sound proper. The defendant no. 1 is a society and the time is required by the society to trace the document appears to be unacceptable. But at the same time the defendant no. 1 intends to prosecute the matter. Therefore, there should not be hyper technical and pedantic approach in dealing with such type of Notice of Motion. The substantial rights of the parties are involved and therefore Notice of Motion needs consideration. Hence, it is expedient to pass following order.
ORDER
1. Notice of Motion No. 1212/2019 is made absolute in terms of prayer clause (a) subject to costs of Rs. 5,000/- to be paid to the plaintiff by the defendant no. 1 within a period of four weeks from today.
2. The payment of costs is subject precedent.
3. Notice of Motion is disposed of accordingly.
4. After payment of cost within stipulated time, written statement be taken on record.
Nature Of Disposal: ALLOWED
Disposal Date: 16-09-2019