Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Mr. Pal for plaintiff present.
Adv. Ms. Supriya Gurav for deft. present.
Heard arguments on N/M no.2249/18.
ORDER ON N/M 2249/18
This N/M is tendered by deft. to condone the delay of 1021 days in filing W/S and to take the
W/S of the defendants on record. Heard. Ld. Counsel for the deft. submitted that after filing the
reply to the N/M of the plaintiff, the deft. was under misconception that the W/S is already filed.
The settlement talks between plaintiff and defendants were going on. The deft. was sick and had
paralysis attack, therefore he was not in a position to give instruction to his advocate. She would
further submit that delay is not deliberate and prayed for condoning the same. Plaintiff opposed the
N/M on the count that sufficient cause has not been made out by the deft. and the N/M is required to
be rejected.
On perusal of the record, it appears that the deft. has filed reply to N/M of the plaintiff . The matter
was proceeded without W/S of the deft and even posted for ex-parte evidence. But plaintiff has not
filed the evidence and subsequently, this N/M came to be filed. In order to support his contention,
deft. has placed voluminous medical record. The deft. on oath submitted that he was suffering from
paralysis and therefore, could not file the W/S. There is nothing to counter the submission made by
deft. on oath. The substantial rights of the parties are involved. Although the matter was cropped
up for evidence but the plaintiff has not filed the evidence. In the interest of justice, the N/M is
required to be considered. Even otherwise, no prejudice would be caused to the plaintiff, if the W/S
is taken on record. There should not be hyper-technical and pedantic approach in dealing with such
types of motions. Hence, N/M needs consideration and therefore, it is expedient to pass the
following order.
ORDER
1. N/M no.2249/18 is made absolute in terms of prayer clause (a) and (b) subject to payment of
cost of Rs.2,000/- to be paid by defendant to the plaintiff within a period of four weeks from today.
2. Payment of cost is subject precedent.
3. On payment of cost, W/S be taken on record.
4. N/M no.2249/18 is disposed off accordingly.
The matter is adjd for compliance/N/M hearing to 12.02.2020.
Judge
-- 1 of 1 --