Full Order Text
Order 1 · 22 Mar 2018 · CNR MHCC010048592018
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 -- 1 of 1 --