Final Order 1

Order Details: Other
Pdf Text: 13.06.2019
SU 1486/18
@ NM Ex.2
481/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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