Date: 18-07-2019
Business: Adv. Pise for Plaintiff present.
Plaintiff is present.
Adv. Sudarshan Gamare for defendant present.
Deft is present.
Heard arguments of both sides.
K.B.
L.O.
Deft tendered original NM No.2559/19 t.o.r.
Heard counsel for parties.
Order below NM No.2559/19.
Read Notice of motion, affidavit in support of it and reply of Plaintiff.
Heard respective counsel for parties.
Notice of motion is taken out by the defendant for condoning delay caused in filing written statement and to take written statement on record.
It is contended that delay was caused as the defendant was involved in mediation process being matter referred for mediation and that defendant is not much educated woman and not having knowledge regarding the provisions of law. Accordingly, prayer has been made in above terms.
Plaintiff opposed the Notice of motion on the count that no sufficient reason assigned for condoning the delay and to take written statement on record.
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, I have considered present notice of motion. I am of the view that reason assigned is sufficient to condone the delay caused in filing of written statement. It cannot be said that delay caused is deliberate, particularly when parties who are brother and sister tried to settle dispute through process of mediation. No doubt there are some latches on the part of defendant but merely on that count, it is not appropriate to refrain her from contesting the suit. Considering said conduct of defendant, certain costs can be imposed upon her. Hence, pass following order.
ORDER
1. Notice of Motion No.1559/19 is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1,000/- to the Plaintiff within the period of one week. Defendant is at liberty to deposit costs payable to the Plaintiff in Court.
2. On payment of costs by the defendant, her written statement is to be taken on record.
3. Accordingly, NM is disposed off.
Costs is paid by defendant to the Adv for Plaintiff.
Defendant has to file written statement within seven days.
Adj for directions to 29.08.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 18-07-2019
