Final Order 1

Order Details: Other
Pdf Text: 28.03.2022
Sr. No.35
SU 1454/17
NM 1932/19
CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 3.18 a.m.
Adv. Rahul Tiwari for plaintiff present.
Deft. No.3 in person present. He informed that Adv. Jannat Yadav is
hospitalised.
Heard Ld. Advocate for plaintiff. The Deft. No.2 by way of present NM
seeking to recall order dated 24.01.2018, whereby this court proceeded
exparte against him. As the Ld. Advocate for plaintiff, fairly conceded that by
imposing heavy cost the NM can be allowed. Therefore, NM is taken for
decision.
I have perused affidavit in support, the Deft. No.2 stated that during May
2018, he was in jail and could not coordinate with the other defendants to file
his WS. In support of his ground, he has annexed release warrant showing he
was released on 05.05.2018. Be that may be the other defendants are his
brothers they could have taken appropriate steps while filing their WS, they
could have filed WS on behalf of Deft. no.2. As the plaintiff fairly conceded
therefore, I am of the view, to allow the NM subject to payment of cost of
Rs.10,000/ which is also agreed by Deft. No.3. Hence, I pass following
order.
NM allowed in terms of prayer clause (a) (b) (c).
Deft No.2 is allowed to tender WS upon payment of cost of Rs.10,000/
to the plaintiff within a period of one month from today and after
payment of the same, WS be taken on record.
NM is disposed of accordingly.
Matter stands adjourned to 29.06.2022 for compliance.
Judge
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