Final Order 1

Order Details: Notice of Motion
Pdf Text: None present for plaintiff.
Adv. Swati Raul for defendant present.
Heard argument of Ld. counsel for defendant on NM no. 1680/2019
Order below Notice of Motion No.1680/19
None present for the plaintiff. Heard Ld. counsel for defendant. The Ld. counsel for the defendant
submitted that on 03.12.2018 the defendant received the writ of summons along with incomplete
and illegible copy of the plaint. This fact was brought to the notice of the plaintiff through a letter
dated 13.12.2018. The letter was received by the plaintiff. Despite the request made, the plaintiff
did not comply the demand. On 11.2.2019, after long time, plaintiff supplied the copy of the plaint.
But the plaintiff though his letter dated 01.02.2019 has denied having served incomplete copy. The
defendant was facing some financial difficulty and on this count the defendant prays for condoning
the delay in filing written statement.
The Notice of Motion is opposed by the plaintiff on the count that the delay was intentional
and heavy cost be imposed.
Considering the rival submission it appears that the defendant has immediately issued the
notice to the counsel for the plaintiff i.e. on 13.12.2018. The counsel for the plaintiff responded to
it after the considerable period i.e. 01.02.2019. The copy of the plaint was supplied on 11.2.2019 as
per the contention of the defendant on oath. The matter is at the initial stage. The substantial rights
of the parties are involved. It would not be proper to adopt hyper technical and pedantic approach.
The defendant has made out sufficient cause and hence Notice of Motion needs consideration.
Hence it is expedient to pass following order.
ORDER
1. Notice of Motion No. 1680/2019 is made absolute in terms of prayer clause (a) subject to cost of
Rs. 2,000 to be paid to the plaintiff within a period of four weeks from today.
2. Payment of cost is subject precedent.
3. On payment of cost within a stipulated time, the written statement of the defendant be taken on
record.
4. Notice of Motion is disposed of accordingly.
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