Shri Thangrajan NadarVsMr. Kavirajan Nadar

Date: 03-10-2018
Business: Adv R R Mishra for Plff present and filed Write of summons.
Plaintiff present.
None for Deft present.
The adv of the Plaintiff filed bailiffs report. TOR.
The suit is for partition. Parties to the suit are real brothers. Considering the nature of the suit, it is referred to National Lokadalat schedule to be  held on 08.12.2018. Parties are directed to attend National Lokadalat at 10.00 am
Issue notice to the both parties through Bailiff.
Adjd.to  08.12.2018 for  Lok Adalat
Next Purpose: DIRECTIONS
Next Hearing Date: 08-12-2018

Date: 08-12-2018
Business: Adv. Mr. Shervi alongwith Plff. present.
Deft. and his Adv. are absent.
In view of this Matter be sent back to regular court. Parties are directed to attend regular court on dt. 18.01.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 18-01-2019

Date: 18-01-2019
Business: Adv. Shenvi for Plaintiff present.
Ex.2 Adv. Swati Talkar filed V/n for Defendant t.o.r.
Ex.3 Written statement filed by Defendant t.o.r.
Deft tendered draft NM t.o.r.
O- Leave granted to register it.
Copy given to other side.
Adj for NM reply to 25.02.2019.
Next Purpose: REPLY
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: Plaintiff and his advocate absent.
Adv. Swati Talkar for defendant present.
Adjourned for NM reply to 30.3.2019.
Next Purpose: REPLY
Next Hearing Date: 30-03-2019

Date: 30-03-2019
Business: Plff present. Adv absent.
Deft present. Adv absent.
K.B.
L.O.
Adv. C.P.Shendvi for Plaintiff present.
Adv. Rakesh for Defendant present.
Say filed by Plaintiff on draft NM.
Order below draft NM.
Read notice of motion, affidavit in support of it, reply by Plaintiff.
Heard counsel for parties.
Notice of motion is taken out by defendant seeking condonation of delay of 81 days caused in filing of written statement. The defendant has attributed fault on the part of his previous Advocate by contending that he did not inform him about any statutory period to file written statement and by the time when he contacted another Advocate, he informed him that time for filing written statement is over. Accordingly, he prayed in above terms.
The Plaintiff has opposed notice of motion on the count that no sufficient cause has been shown by the defendants and contended that if allowed heavy costs may be imposed.
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)
In view of above legal position I consider notice of motion and reply filed to it. For the fault of Advocate, party should not suffer. Therefore, in the interest of justice and fair trial, it would not be proper to disallow defendant from contesting matter on merits. Moreso, written statement filed by defendant has been already marked as exhibit. His filing of written statement shows bonafide on his part. It cannot be said that he deliberately did not file written statement within prescribed period. In light of above discussion, I am inclined to condone delay caused in filing of written statement. However, considering the period of delay and conduct of defendant, it is just to impose certain costs upon defendant. Hence, pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer clause (a) subject to costs of Rs.2,000/- payable by defendant to Plaintiff within period of two weeks. Defendant is at liberty to deposit costs payable to Plaintiff in Court.
2. On payment of costs by defendant, written statement filed by him is to be treated as taken on record.
Accordingly, draft NM is disposed off.
For statistical purposes draft NM be registered.
Costs paid by defendant to Adv for Plaintiff.
Adj for draft issues to 24.06.2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: Adv. Shenvi for Plaintiff present.
Adv. Bhagyalaxmi for defendant present.
It is partition suit and there is element of settlement. Therefore, matter is referred for mediation.
Parties to appear before Mediator on 10.07.2019.
Adj for report to 06.08.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Adv. Shenvi for Plaintiff present.
Deft and Adv absent.
Adv for Plaintiff submitted that mediation process could not begin and sought adjournment.
Adjournment is granted.
Adj for mediation report to 20.09.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Plaintiff present.
Adv. C.P. Shenvi for plaintiff present.
Mediation report awaited.  Therefore, matter is ajd to 22.10.2019 for mediation report.
Adjourned to 22.10.2019 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Plaintiff present.
Mediation report awaited.
Adjd. to 27.11.2019 for report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Plaintiff present.
Mediation report awaited.
Adjourned for mediation report to 3.01.2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: NOBTOB
Ex 4  Received report from mediation department. t.o.r.
Mediation failed
Already adjourned to 3.1.2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Plaintiff present.
Adjourned for framing issue to 14.02.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Both parties and their Adv absent.
Matter stands Adj for draft issues to 27/03/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Business: adjourned
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: None present.
Matter stands Adj for Draft Issues to 09/03/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Plaintiff present.
None for defendant.
Matter stands Adj to 29/04/2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Plff present and his Adv absent.
None for deft.
Matter stands Adj for Draft Issues to 12/11/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Both parties and their advocates are absent.
They are directed to file draft issues on next date.
Matter stands Adj for draft issues to 29.01.2022.
 Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Plff present.
Adv Rushikesh Shinde for plff present.
None for deft.
Matter stands Adj for Draft Issues to 13/07/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Both parties and advocate absent.
Adjd for draft issue on 27.9.22 as a last chance.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: (NOB TOB  for placing the matter before National Lok-Adalat will be held on 13/08/2022.)
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the Matter. Both parties are directed to remain present before National Lok-Adalat to be held on 13/08/2022 at 10.00 a.m.
Issue notice to both parties to remain present before Naional-Lok-Adalat.
Matter is adj. to 13/08/2022 for National Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter pertains to C.R.No.2.
None present.
Matter adjd to 03.11.2022.
Next Purpose: FOR___________________
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv. Utkarsh Singh for plaintiff present.
He tendered draft issue. TOR.
None for defendant present.
Defendant failed to file draft issue.
Parties are directed to give CTS number of suit property.
Matter is adjd for framing issue to 23/01/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Plaintiff present and his advocate absent.
None for defendant present.
Issues Framed Exh 5.
Matter adjourned for R/E to 13/04/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: P. O. is on leave, matter adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: None present.
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the matter. Both parties are directed to remain present before National Lok-Adalat to be held on 09/09/2022 at 10.00 a.m. Issue notice to both parties to remain present before National-Lok-Adalat on 09.09.2023.
LO at 12.00 P.M.
Adv. Mr. N.C. Patel for plaintiff present.
Matter adjourned for Lok Adalat on 09.09.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Both parties are absent.
Matter is not settled.
Case is adjourned to 14/12/2023.
Next Purpose: FOR___________________
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: plaintiff present.
Adv. Himanshu Singh for plaintiff present.
Defendant and advocate are absent.
Matter adjourned on 01.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: Plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Later on at 12.20 P.M.
Advocate R.R. Mishra a/w Advocate Himanshu Singh appears for plaintiff and filed vakalatnama taken on record and marked as Exhibit-6.
He also filed examination of chief of Shri. Thangrajan Nadar. Taken on record and marked as Exhibit-7.
He filed list of documents taken on record and marked as Exhibit-8.  He is directed to serve copy on other side.
Matter adjourned for Recording Evidence on 20.03.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: PO is on leave, hence matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Plaintiff present.
Plaintiff advocate absent.
Defendant and advocate absent.
Kept back
Later on at 1.00 P.M.
Advocate Himanshu Singh h.f. R.R. Mishra for plaintiff present.
Defendant and advocate absent.
Matter is adjourned for the service of evidence copy to the defendant.
Matter is adjourned for Service of copy of Evidence to defendant on 29.07.2024.
Next Purpose: SERVICE
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: PO is on Leave
Next Purpose: SERVICE
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Advocate Himanshu Singh h.f. R.R. Mishra for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter is adjourned for Service on 08.11.2024.
Next Purpose: SERVICE
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: Plaintiff present.
Defendant and advocate absent.
Matter is adjourned for Service on 27.01.2025.
Next Purpose: SERVICE
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Advocate Mr. Hasan h.f. Advocate R. Mishra for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter is adjourned for Service on 04.03.2025.
Next Purpose: SERVICE
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: Both parties and advocate absent.
Matter is referred to National Lok-Adalat as there is a possibility of settlement in this matter. Both parties are directed to remain present before National Lok-Adalat on 22.03.2025 at 10.30 a.m. Issue notice to both parties to remain present before National-Lok-Adalat. Matter is adjourned for National Lok-Adalat on 22.03.2025.
Matter is adjourned for Service on 23.06.2025.
Next Purpose: SERVICE
Next Hearing Date: 22-03-2025

Date: 22-03-2025
Business: Matter pertaining to C.R. No.02
Advocate for plaintiff absent.
Advocate for defendant absent.
Matter is adjd to 23.06.2025 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-06-2025

Date: 23-06-2025
Business: None for plaintiff.
None for defendant.
Matter adjourned for filing affidavit of service of evidence affidavit by plaintiff to 03.10.2025.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: Plaintiff in person is present.
Advocate Hasan Shaikh h.f. Advocate R.R. Mishra for plaintiff is present.
None present for defendant.
It appears that suit is old and fixed for recording further evidence of the plaintiff. It also appears that neither defendant nor his advocate is appearing before the Court. The suit be fixed for recording cross-examination of the plaintiff.
Matter adjourned to 07.11.2025 for Cross-examination of the plaintiff (Recording Evidence).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: P.O IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2026

Date: 05-01-2026
Business: Advocate Mr. R.R. Mishra for plaintiff is present.
None present for defendant.
Kept back
Later on at 1.10 P.M.
Plaintiff is present.
Advocate Mr. R.R. Mishra for plaintiff is present.
None present for defendant.
Heard argument of advocate for plaintiff.
The documents (Exhibit-8) from Sr. No. 1 to 4 are received in evidence for identification purpose only and marked as Exhibit- 9 to 12 subject to proof of truth of its contents.
The documents (Exhibit-8) from Serial no. 1 to 6 are exhibited as follows-
Serial no. 1 Death certificate of father is marked as Exhibit-9
Serial no. 2 Light bill of 3 rooms is marked as Exhibit-10.
Serial no. 3 Water bill is marked as Exhibit-11.
Serial no. 4 Two rent bill of BMC is marked as Exhibit-12.
Matter adjourned to 06.02.2026 for Cross-examination of  PW-1.(Recording Evidence).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: None present for the parties, hence matter adjourned for dismissal order.
Matter adjourned to 23.03.2026 for Dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: Advocate Mr. R.R. Mishra for plaintiff is present. He filed application for removal of caption of dismissal. TOR and marked as Exhibit-13. O - Allowed.
None for defendant is present.
Matter adjourned to 29.04.2026 for Recording Evidence (no cross order).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2026

Date: 29-04-2026
Business: Plaintiff is present.
None for defendant is present.
Kept back
Later on at 11.50 A.M.
Advocate Dhruv Yadav for Plaintiff is present.
None present for defendant.
The record shows that the defendant despite sufficient opportunities failed to cross-examine the plaintiffs witness. hence no cross on the fault.
Matter adjourned to 23.07.2026 for filing further evidence (Recording Evidence P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: None for the parties.
Plaintiff failed to adduce further evidence. Hence his right to adduce further evidence stands forfeited and the evidence of plaintiff is hereby ordered to be closed. Post for evidence of defendant.
Matter adjourned to 28.07.2026 for Recording Evidence P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-07-2026

Date: 28-07-2026
Business: None for plaintiff is present.
None for defendant is present.
As per order dated 23.07.2026, suit is for evidence of defendant. He has failed to lead evidence, hence suit to proceed without evidence of defendant.
Matter adjourned to 31.07.2026 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2026

Date: 31-07-2026
Business: None for parties.
KB
Matter adjourned to 01.08.2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-08-2026

Date: 01-08-2026
Business: None for parties.
KB
Matter adjourned to 18.08.2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-08-2026

Date: 18-08-2026
Business: Advocate Hasan Shaikh h.f. R.R. Mishra for plaintiff is present.
None for defendant is present.
Kept back
Later on at 5.30 P.M.
Advocate Rajendra Mishra for plaintiff is present. He undertakes to file Writetn notes of arguments a/w soft copy.
Matter adjourned to 10.09.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: None for plaintiff.
None for defendant.
Matter adjourned to 15.09.2026 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-09-2026

NOTICE OF MOTION/101412/2019

Filing Number: 105052/2018
Filing Date: 09-04-2018
First Hearing Date: 03rd October 2018
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE