Date: 27-06-2019
Business: Adv. Upadhyay for Plaintiff present.
Adv. Kekane for defendant present.
Deft tendered original NM No.1687/19 t.o.r.
Order below NM No.1687/19.
Read Notice of motion, affidavit in support of it, reply of Plaintiff.
Notice of motion is taken out by defendant no.2 seeking condonation of delay caused in filing of written statement and taking written statement on record. It is the contention of defendant no.2 that he has sought inspection of documents referred to and relied upon by Plaintiff in plaint vide request letters dtd.21.01.2019 and 22.02.2019 addressed to Advocate for Plaintiff. However, Plaintiff avoided to give inspection of documents to defendant no.2. Therefore, he could not file written statement within prescribed period. He has annexed letters referred above.
On the other hand Plaintiff opposed notice of motion on the count that no reason is mentioned to condone delay caused in filing of written statement.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099)
Keeping in view above legal position, considering reason assigned by defendant no.2, in order to give an opportunity to the defendant no.2 to contest matter on merit and that delay caused is not deliberate and inordinate, I am inclined to condone delay caused in filing of written statement and permit defendant no.2 to file written statement. However, considering the conduct of defendant no.2, it is necessary to impose certain costs upon him. Hence, pass following order.
ORDER
1. Notice of Motion No.1687/19 is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1,000/- to the Plaintiff within period of one week. Defendant no.2 is at liberty to deposit costs payable to the Plaintiff in Court.
2. On payment of costs by the defendant no.2, written statement be taken on record.
3. Accordingly, NM No.1687/19 is disposed off.
Costs is paid by Adv for defendant no.2 to Adv for Plaintiff in open Court.
Ex.4 Written statement filed by defendant no.2 t.o.r.
Copy of WS given to the Plaintiff.
Adj for NM hearing of NM 4420/18 to 31.07.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 27-06-2019
