Date: 11-06-2019
Business: Adv. Tripathi for Decree holder present.
Adv. Jatin Sahay for Judgment Debtor present.
Adv. for Judgment Debtor tendered registered NM No. 1838/19.
Order below Notice of Motion No. 1838/19
Heard. Judgment Debtor has taken out NM for recall and setting aside the order dated 18.3.2019 below Exh. 5. The Ld. Counsel for the Judgment Debtor submitted that due to non appearance of his advocate and miscommunication the reply could not be filed. The Judgment Debtor submitted to file reply in order to present his case.
The Ld. Counsel for Decree Holder has given no objection to the NM only to the extent of filing of the reply by the Judgment Debtor.
The contention raised by the Judgment Debtor is that due to miscommunication could not file the reply does not sound proper. The Decree Holder has given no objection and further in the interest of justice, to decide the application Exh. 5 on merits by affording opportunity to both the parties, the Notice of Motion needs consideration. Hence it is expedient to pass following order.
Order
1. Notice of Motion No. 1838/19 is allowed in terms of prayer clause \''a\'' and \''b\'' and further the Judgment Debtor is directed to file reply to Exh. 5 on next date without fail.
2. Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 11-06-2019
