Final Order 1

Order Details: Notice of Motion
Pdf Text: None present for plaintiff.
Adv. Pawar for defendant present.
Heard Ld. Advocate for the plaintiff on NM No. 1836/2019.
Order on Notice of Motion No. 1836/2019.
Heard. The Ld. counsel for the plaintiff submitted that there is delay of 180 days in filing written
statement. Defendant, due to prolong health issue and advance age, could not communicate with
his advocate. Thus the written statement could not be filed within the mandatory period. It appears
that the plaintiff has opposed the NM on the count that the defendant has not given sufficient cause
and he was negligent in filing the written statement within stipulated time.
The defendant is aged about 78 years old and it is submitted on the oath that he has health issue,
therefore he could not communicate in respect of filing of the written statement. The matter is at
preliminary stage. Substantial rights of the parties are involved. No prejudice would be caused to
the plaintiff if the written statement is taken on record and the matter is heard on merit. Even
otherwise there should not be hyper technical and pedantic approach in dealing with such type of
motions. Hence in the interest of justice the Notice of Motion needs consideration and therefor it is
expedient to pass following order.
ORDER
1. Notice of Motion No. 1836/19 is made absolute and the delay in filing written statement is
condoned subject to the costs of Rs. 3,000/- to be paid to the plaintiff within a period of four weeks
form today.
2. The payment of costs is subject precedent.
3. On compliance of the order, written statement be taken on record.
4. Notice of Motion is disposed of accordingly.
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Adjourned for compliance to 12.12.2019.
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