Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 3 ADDL. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101560/2018
Mr. Ghulam Ahmed S.o. Late Mohammed Noor Ansari. Vs 1.Mohammed Mushtaque Ahmed
Ansari 2.Abrar Ahmed 3.Mohammed Aslam 4.Mrs. Khurshida 5.Mrs.Rashida
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
COURT 3 ADDL. SESSIONS JUDGE
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