Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO. 2103 OF 2019
(CNR No. MHCC0158442019)
IN
LONG CAUSE SUIT NO. 2279 OF 2017
1. Hanuman Co. Operative
Housing Society & Anr. ... Plaintiffs
V/s.
The Municipal Corporation of
Gr. Mumbai ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI. RAJESH K. KHOMANE
CITY CIVIL COURT
GR. BOMBAY ( C.R.NO.06)
DATE : 14092022
Adv. Mr. R. A. Shaikh for the plaintiff.
Adv. Ms. Deepali Patil for the defendants.
ORAL ORDER
1. This Notice of Motion is taken out by the defendants/BMC
for setting aside order dated 27.09.2018 of hearing without written
statement.
2. The defendants/BMC failed to file written statement within
limitation , therefore, hearing without written statement order came to
be passed on 27.09.2018. Now defendant/BMC intend to file written
statement. So, this notice of motion has been taken out by the
defendants/BMC for setting aside hearing without written statement
order passed against it.
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2 N/M No. 2103/2019
3. Initially, plaintiffs have raised objection by filing reply on
18.04.2022, but subsequently on 14.09.2022 they have filed additional
reply and given no objection.
4. Perused the notice of motion and reply of the plaintiffs.
Heard advocates for the parties at the length.
5. It is contended by the defendants/BMC that due to heavy
work load being a public body, written statement could not file within
prescribed period of limitation. The defendants/BMC intend to file their
written statement. Now, the question is whether these defendants/BMC
should be allowed to file their written statement at this stage.
6. The procedure as to limit for filing written statement and
consequences of not filing the same are given in Order VIII of Code of
Civil Procedure. Order VIII Rule X of the Code of Procedure, has laid
down a procedure about passing of a decree in favour of the plaintiffs, if
defendants fail to file his written statement. This discretion is not
exercised by the court in favour of the plaintiffs for the reason of failure
of defendants to file their written statement.
7. In this background, if the defendants/BMC are allowed to
file their written statement by setting aside hearing without written
statement order passed against defendants/BMC, it will not cause any
prejudice to either plaintiffs or to the overall hearing of this suit, since
the plaintiffs have given no objection. If these defendants/BMC are
allowed to file written statement and if the suit decreed in favour of the
plaintiffs, it would be a decree on merit. Therefore, in order to decide
the controversy between the parties on merit, the opportunity should be
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3 N/M No. 2103/2019
given to defendants/BMC. Hence, the notice of motion no.2103/2019
deserves to be allowed. Hence, following order is passed.
ORDER
1. The Notice of Motion No.2103/2019 is allowed.
2. No Written statement order dated 27.09.2018 passed
against the defendants/BMC is set aside and defendants/
BMC are granted permission to file their written statement.
3. The Notice of Motion No.2103/2019 is disposed off.
(Rajesh K. Khomane)
Date14/09/2022 Judge,City Civil Court,
Gr. Bombay .
Dictated on : 14/09/2022
Typed on : 14/09/2022
Signed on :
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4 N/M No. 2103/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
14/09/2022 05.30 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Shri. R. K. Khomane (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
14/09/2022
JUDGMENT/ORDER signed by
P.O.on
14/09/2022
JUDGMENT/ORDER uploaded on 14/09/2022
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