Date: 09-07-2018
Business: Plaintiff in person present.
Adv. Torankar for D-1 present and tendered original NM No. 1724/18. TOR.
The plaintiff was granted time to file reply to NM 1724/18 on 11.04.2018. However, today again the plaintiff in person seeking time to file reply to the NM. Since, the matter is of the year 2003 the request for further time is rejected.
Heard Ld. counsel for the parties in NM 1724/18.
Perused the NM 1724/18 and affidavit in support. By this motion, defendant No.1 is praying for recalling the order dated 16.01.2018, whereby, the evidence of PW-1 was closed without the cross-examination by defendant No.1.
It is urged by the Ld. counsel for defendant No.1 that there was a change in the committee of the defendant No.1/society and, therefore, the society was not able to give instructions to their advocate for cross-examination. The plaintiff in person submits that sufficient time was granted to the defendant No.1/society and society was negligent in prosecuting the matter.
In the affidavit filed in support of the motion, it has been stated that the members of the new managing committee were not fully conversant with the facts of the case and hence they were unable to give instructions to their advocate. There is no reason to disbelieve the cause given in the affidavit by defendant No.1/society. Hence, the society is entitled to one more opportunity of cross-examination of PW-1. However, the society is liable to compensate the plaintiff by paying cost. Hence, Notice of Motion 1724/18 is made absolute in terms of prayer clause (a), subject to payment of Rs.5,000/- to the plaintiff within 2 weeks from today, failing which the motion shall be dismissed. If the cost is paid, the defendant No.1 shall be entitled to cross-examine the PW-1 on the next date.
Nature Of Disposal: ALLOWED
Disposal Date: 09-07-2018