Final Order 1

Order Details: Other
Pdf Text: 14.06.2019
SU 398/19 @
NM 839/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Bharat Kothari for Plaintiff present.
Adv. Puranik for Defendant present. Defendant present.
Defendant tendered original NM No.2083/19 t.o.r.
Say filed by Plaintiff on NM No.2083/19.
Order below NM No.2083/19.
Read Notice of Motion, affidavit in support of it, say of Plaintiff.
Heard respective counsel for parties.
Notice of motion is taken out by defendant for grant of permission to
file written statement and to condone the delay caused in filing the
same.
Plff opposed notice of motion on the count that there is delay in filing
notice of motion and if allowed, it may be subject to cost.
It is not in dispute that Adv for defendant waived service of writ of
summons on 27.02.2019. Defendant failed to file written statement
within prescribed time. It is contended that delay was occurred due to
personal difficulties, he has good chances to succeed on merits.
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).
Keeping in view above legal position and reason assigned by the
defendant, it is not just to deprive defendant from contesting the
matter on merits. The delay caused is not inordinate and deliberate.
Therefore, I am inclined to condone the delay caused in filing written
statement and permit him to file written statement. However,
considering the conduct of defendant, it is necessary to impose certain
costs upon him. Hence, pass following order.
ORDER
1. Notice of Motion NO.2083/19 is allowed and made absolute in
terms of prayer clauses (a) and (b) subject to payment of costs of
Rs.1,000/-(Rupees One thousand only) to the plaintiff within period
of one week. Defendant is at liberty to deposit costs payable to the
plaintiff in Court.
2. On payment of costs the defendant has to file written statement
within a period of one week.
3. Accordingly, NM No.2083/19 is disposed off.
Adj for compliance to 22.07.2019.
Judge
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