Mrs.Rashmi Mukhopadhyay alias Mrs.Rashmi Deven MehtaVsMr.Divya Mukhopadhyay Alias Mr.Divya Deven Mehta

Date: 06-08-2018
Business: Adv. Shradha for plaintiff and plaintiff present.
Mediation Report received on 9.7.18, T.O.R. and marked Exh.
Adjd. to 15.11.2018
Next Purpose: DIRECTIONS
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Business: Adv. Shraddha for Plaintiff present.
Adv. Akash Menon for defendant present.
Heard both the sides.
Order below NM No.2061/18
Perused Notice of Motion which is supported by an affidavit.
Heard Ld adv of both the sides. The dispute inter say is between mother and son. On the first date of hearing itself, the Defendant has made a statement that he is not going to take any action with regards to suit premises. The Defendant is ready to continue with the said statement till the disposal of suit.  His statement is accepted as an under taking before the Court. In view of the statement of the Defendant, no purpose would be served in keeping this Notice of Motion pending. Hence NM No. 2061/18 stands disposed of.
Adjd.to 04.05.2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: Plff and Adv absent.
Adv. Aakash Menon for Defendant present.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy be given to other side.
Adj for service to 13.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Plaintiff is present. Adv absent.
Adv. Aakash Menon for defendant present.
Plaintiff is directed to file registered NM on record and copy of it be served on other side.
Adj for service to 30.09.2019.
Next Purpose: SERVICE
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Adv.S.V.Chaughule for Plaintiff present.
Adv. for Aksah Menon defendant  present.
Ex 3 Adv. for plaintiff filed vakalatnama t.o.r.
Adv. for defendant supplied copy of NM to the plaintiff
Adjd.6.11.2019 to for reply.
KB
LO
Defendant tendered original NM 1911/19 t.o.r
Adjd.6.11.2019 to for reply.
Next Purpose: REPLY
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. S.V. Chaughule for plaintiff present.
Adv. Bensy Ramkrishnan for defendant present.
Say filed by the plaintiff.
Heard respective counsel for the plaintiff.
KB
LO
Order below Notice of Motion No. 1911/19.
Read Notice of Motion, Affidavit in Support of it, reply of plaintiff.  Heard respective Counsel for parties.
Notice of Motion is taken out by the defendant to condone delay caused in filing Written Statement and to take the same on record.  It is the contention of defendant that Writ of Summons is not served upon him.   He inquired with advocate for plaintiff about service of Writ of Summons but did not receive any response.  It is further contended that defendant is young college student and if he is not permitted to file Written Statement then he will suffer great loss and no prejudice will be caused to the plaintiff if Written Statement is taken on record. Accordingly, he made prayer in above terms.
During the Course of argument Ld. Advocate for defendant put forth some additional ground for consideration of present Notice of Motion.  It is contended that as the proceeding of Ad-interim relief was pending so Written Statement remained to be filed and defendant was under impression that unless Writ of Summons is served Written Statement cannot be filed. Accordingly she prayed for condoning the delay caused in filing Written Statement.
Plaintiff has opposed Notice of Motion on the ground that no sufficient cause is shown by the defendant.  Accordingly plaintiff prayed for rejection of Notice of Motion.
Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement 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). In view of this legal position, now, I consider notice of motion.
In present case it appears from record that matter was referred for mediation but matter was not settled.  Thereafter my Ld. Predecessor has passed order below Notice of Motion no. 2061/18 on 15.11.2018.  On the said date matter was adjourned and posted for Written Statement to 04.05.2019.  On that date defendant has taken out present Notice of Motion.  No doubt there is grudges on the part of the defendant on not filing Written Statement in prescribed period but circumstances as pointed above created impression defendant could file Written Statement by 04.05.2019.  In the facts of present matter, in the interest of justice and fare trial, it is unjust to refrain defendant from contesting the matter on merits.  Therefore, I am inclined to allow present Notice of Motion subject to payment of certain costs to plaintiff by the defendant.  Hence, pass following order
                                  ORDER
1) Notice of Motion No. 1911/2019 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs. 3000/- (Rs. Three Thousand only) to the plaintiff within period of one week from the date of order.  Defendant is at liberty to deposit costs payable to the plaintiff in Court.
2)  After payment of cost Written Statement of Defendant be taken on record and marked Exhibit.
3)  Accordingly Notice of Motion No. 1911/2019 is disposed off.
Matter is adjourned and posted for direction to 09.12.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: By preceipy,
Adv. Miss Ramkrishan for defendant present.
She made statement that cost has already been paid to the adv. For plaintiff in pursuance of order dated 6.11.2019.
She has filed copy of acknowledgment in that respective
Ex  4 She also filed W/s of defendant
t.o.r.
Copy be served upon plaintiff.
Already adjourned to 9.12.2019 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: P. O. is on leave hence adj.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: None present.
Adjourned for settlement of  issues to 21.02.2020.
Next Purpose: FOR___________________
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Adv S. V. Chougule for plff present.
Adv Ms. Ramkrishnan for deft present.
Matter stands Adj for settlement of issues to 24/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Business: adjourned
Next Purpose: FOR___________________
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: None for plaintiff.
Adv. Bency Ramakrishanan for deft. present.
Matter stands Adj for Issues to 18.02.2021.
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: None present.
Matter stands Adj for to 06/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: P. O. is on Leave.
Next Purpose: FOR___________________
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Due to covid-19
Next Purpose: FOR___________________
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Both parties and their Adv absent.
Matter stands Adj for Draft Issues to 29/10/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: None for plff.
Adv Bency Ramkrishnan for deft present.
She submitted that deft is expired on 17/08/2021.
She is directed to provide death certificate of deft and names of her LR\''s to Adv for plff.
Matter stands Adj for Taking Steps to 11/01/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: As per Office Order No.\''07 of 2022\'', only urgent matter is to be taken up for hearing, hence this matter is adjourned to 9.03.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None for plff.
Deft is expired on 17/08/2021.  Plff is directed to take steps.
Matter stands Adj for Taking Steps to 29/04/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Both parties and their Adv absent.
P. O. is busy in dictating Judgment in SU 7780/1998.
Hence matter stands Adj for Taking Steps to 29/06/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Both parties and their advocate are absent.
Matter is adjd for draft issue to 16/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Both parties and their advocate are absent.
Defendant reported to be dead on 17/08/2021.  Intimation was given to the Court by advocate for defendant on 29/10/2021. The plaintiff has not taken steps to bring LR\''s on record. Hence suit stands abated with no order as to costs.
Nature Of Disposal: ABATED
Disposal Date: 16-09-2022

NOTICE OF MOTION/101911/2019

Filing Number: 107080/2018
Filing Date: 28-05-2018
First Hearing Date: 06th August 2018
Decision Date: 16th September 2022
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE