Date: 13-06-2019
Business: Adv. Rajeshwar for Plaintiff present.
Adv. Rajesh Kanojia filed V/n for Defendant nos.2 to 4 t.o.r.
He tendered original NM no.2026/19 t.o.r.
Deft no.2 present.
Say filed by Plaintiff on NM No.2026/19.
Order below NM No.2026/19.
Notice of motion is taken out by defendant nos.2 to 4 for grant of permission to file written statement by condoning delay of 172 days caused in filing written statement by them.
Plaintiff opposed notice of motion on the count that delay is not explained.
Heard respective counsel for parties.
At the outset I would like to mention that, it is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099).
I am of the view that reasons assigned by these defendants are sufficient to condone delay caused in filing written statement. Moreso, delay caused is not inordinate. It cannot be said that delay caused is deliberate. It is pertinent to note that these defendants have also filed written statement alongwith present notice of motion to show their bonafide. In the facts of matter, I am inclined to condone the delay caused in filing of written statement and permit these defendants to file their written statement on record. However, considering the conduct of these defendants, it is necessary to impose certain costs upon them. Hence, pass following order.
ORDER
1. Notice of Motion No.2026/19 is allowed and made absolute in terms of prayer clauses (a) to (c) subject to deposit of costs of Rs.1,000/-(Rupees One Thousand only) in Legal Aid funds of DLSA within period of two weeks.
2. On deposit of costs, written statement filed by these defendants be marked exhibit.
Accordingly, NM 2026/19 is disposed off.
Adj for NM reply in NM 481/19 and for compliance to 26.07.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 13-06-2019
