Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Shah for plaintiff present.
Adv. Archana Khan for deft. present.
ORDER BELOW N/M NO.1450/2018
Heard. By this N/M, the deft. inter-alia seeks leave of the Court for condoning the delay for filing
the written statement and to take the written statement on record. The contention of deft. is that the
exhaustive reply to N/M was filed within time when the matter was before the Hon'ble High Court.
The deft. lost the sight of the matter due to financial problem coupled with crisis in dealing with
marriage of two daughters and his chronic illness of acute depression and high blood pressure. For
the above said reasons, the deft. prayed for condoning the delay. She also prayed for setting aside
the order of no cross.
Ld. counsel for plaintiff argued that the delay is inordinate delay. It runs for more than three years.
He would further submit that the matter was cropped up for evidence and affidavit of evidence was
also tendered by the plaintiff. The matter was proceeded without cross examination of deft. to the
plaintiff.
On perusal of record, it appears that at some point of time, the matter was sent for mediation. No
doubt, there is a delay of substantial period of more than three years in filing the written statement.
The plaintiff has also tendered affidavit of evidence. The matter was also posted for final
arguments. Meanwhile, present N/M is tendered by the deft. At this juncture, it is apparent from
record that the deft. has filed the reply to the N/M of the plaintiff and the same is detailed reply.
The substantial rights of the parties are involved. There should not be hyper-technical and pedantic
approach in dealing with such type of N/M. The reason assigned by the deft. appears to be just and
sufficient. No prejudice would be caused to the plaintiff if the matter is decided on merits by
affording opportunity to the deft. to put his defence. The opportunity is required to be given in the
interest of justice to the deft. to contest the matter on merits. The delay can be compensated by
imposing suitable cost. Thus, in view of the above discussion, it is expedient to pass the following
order.
ORDER
1. N/M No.1450/2018 is made absolute in terms of prayer clause (1) and (2) subject to cost of
Rs.5,000/- to be paid to the plaintiff within a period of two weeks from today.
2. On payment of cost, the written statement be taken on record.
3. N/M No.1450/2018 is disposed of accordingly.
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