Final Order 1

Order Details: Other
Pdf Text: 27.06.2019
SU 2781/18
@ NM
1687/19 @
NM 4420/18
Exh.4
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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