Final Order 1

Order Details: Other
Pdf Text: 18.07.2019
SU 2755/18 @
NM 2559/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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