Mr. Ghulam Ahmed S.o. Late Mohammed Noor Ansari.VsMohammed Mushtaque Ahmed Ansari +4 more

Date: 22-03-2018
Business: Heard both sides in draft notice of motion.
This notice of motion is moved by D-1 for recalling order dated 25.4.2016 whereby suit was directed to proceed without written statement of D-1.
It is stated in the affidavit filed by support of the notice of motion that writ of summons was served on 19.10.2015 and vakalatnama was filed by the Advocate for D-1 on 25.4.2016. On the same date, the impugned order came to be passed against D-1. It is stated that D-1 was suffering from several diseases and he could not approach his advocate immediately and therefore there is delay in filing written statement.
The reasons given in the affidavit make out sufficient cause to condone the delay in filing written statement. However, the D-1 is liable to compensate the plaintiff by paying cost. Hence draft notice of motion is made absolute in terms of prayer clauses (a) and (b) subject to payment of cost of Rs.3000/- to the plaintiff in two weeks.
Nature Of Disposal: ALLOWED
Disposal Date: 22-03-2018

Main Case No: SUIT/0102338/2015
Main Cnr: MHCC010094552015
Main Filing No: 111447

Filing Number: 105310/2018
Filing Date: 13-04-2018
First Hearing Date: 22nd March 2018
Decision Date: 22nd March 2018
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE