Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Purnima Bhatia for plaintiff present.
Adv. Tanya Barnial I/b M/s M.P. Vashi and Company for D-1(A) and 1(C)
present.
Adv. Prachi Khandge for D-1(B), 1(D) to 1(F) absent.
ORDER ON NM 1338/18
Heard both the sides on NM 1338/18. The present NM is taken out by D-1(A)
and 1(C) for filing their written statement on record by condoning the delay.
LC for defendant opposed the Notice of motion on the ground that the
signature of deponent D-1(C) on verification clause defers from his signature in
the W.P filed before the Honourable High Court. She further submitted that some
of the contentions raised in the WS are contrary to the earlier pleading of original D-
1 and Salauddin and his son Sahabuddin of whom, the defendant Nos.1(A) and
1(C) are the LR's. She further submitted that the Notice of motion may not be
allowed.
Keeping all the contentions raised by LC for plaintiff open and as the application
is fled with short delay which is not of much importance, the application is
allowed, as the defendant Nos.1(a) and 1(c) have right to file their written
statement as per Order-XXII Rule 4(iv) of CPC. Therefore, following order.
ORDER
Notice of Motion No.1338/18 is made absolute, thereby the delay in filing the
written statement is condoned, subject to payment of costs of Rs.1,000/- to be
deposited with the office of Legal Aid within 14 days from this order.
Subject to compliance being made by the defendants and subject to same the
written statement already filed by defendant Nos.1(A) and 1(C) is taken on
record and marked as Exh.46.
Copy of WS (Exh.46) served to other side.
LC for pltff tendered registered Ch/S No.746/18 (already disposed of) alongwith
affidavit in support. TOR.
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Amended copy of plaint is already served to Adv. for defendant Nos.1(A) and
1(C).
Adjd for list of witnesses, evidence affidavit and compilation of documents, if any
of defendant Nos.1(A) and 1(C) on 06.06.18.
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