Date: 19-07-2019
Business: Matter called out at 2.50 p.m.
Adv. Mr. Nilesh Bamue for plaintiff present.
Adv. Mr. Saurabh S. More for Defendant present.
Defendant tendered original Notice of Motion alongwith the affidavit.
Matter is adj to 30.07.2019 for reply and hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: None present.
Adv.for plaintiff absent.
Adv.Nilesh Kumbhar I/b Adv. Chetan Bave for defendant present.
KB.
LO.
Adv.Vidya Sonawane for plaintiff present.
Adv. More for defendant present.
Heard, Ld. Counsel for both sides. Perused notice of motiion @ affidavit in support of.
According to defendant 88 days delay was caused to filed written statement on record. It is a case of defendant summons is executed to the deft on 01.01.2019 to which defendant be appeared before the court on 14.01.2019. However, defendant unable to engage advocate and unable to file vakalatnama and written statement within a stipulated time and therefore delay is caused for filling written statement on record. It is further submitted by defendant that delay is not intentional However, because the financial condition of defendant is very poor he could not engaged advocate. He is a senior citizen. However,defendant has a good case and therefore, for the opportunity he may be granted permission to participate in the present suit by way of written statement.
Plaintiff opposed the application by filing reply. It is contended by plaintiff and defendant have not made out any case or given any justifiable reason or not appearing or not filing written statement lastly it is prayed that notice of motion may kindly be rejected.
I have perused entire record admittedly as per order 8 rule 1 defendant shall file their written statement within 30 days after execution of summons. As per record summons is executed to the defendant on 01.01.2019 from 01.01.2019 to till 31.01.2019 it was upon defendant to file written statement on record. However, defendant failed to obey the mandate of order 8 rule 1 of CPC AND filed notice of motion on 16.05.2019. Certainly there is delay on the part of defendant to file written statement after the stipulated time. The defendant citated reason in the notice of motion that the financial position is not sound and he being senior citizen he could not found advocate for appearance and filed w/s. The ground shown by defendant in the notice of motion is not satisfactory however the defendant has filed notice of motion within 88 days. Therefore I am on the opinion the defendant has filed notice of motion within 90 days and therefore for the interest of justice. He is entitle for permission to filed w/s on record. Hence, I proceeded to pass following order
ORDER
1) Notice of motion No. 1791 of 2019 is allowed.
2) Defendant is permitted to file written statement on record.
3) Notice of motion is disposed of in the above said term.
After passing order defendant has tender written statement - Read and Recorded.
Matter adjd to 20.09.2019 for issues.
Nature Of Disposal: ALLOWED
Disposal Date: 30-07-2019
