Full Order Text
Final Order 1 · 25 Feb 2021 · CNR MHCC010073892019
Order Details: Notice of Motion Pdf Text: NM No.2691-2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.2691 OF 2019 IN SUIT NO.1973 OF 2018 CNR NO.MHCC01-007389-2019 Netra P. Sagvekar & Ors. … Plaintiffs Vs. Vasant Rajaram Jadhav & Ors. … Defendants Appearances: Ld. Adv Dipti Mehta for plaintiffs. Ld. Adv Supriya for defendnat No.1. CORAM : HIS HONOUR JUDGE SHRI. R. S. PAVASKAR (C.R.NO.12) DATED : 25th FEBRUARY 2021 ORAL ORDER Defendant No.1 has taken out this notice of motion under Order VIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 for the condonation of the delay in filing a written statement. 2. Heard the learned Advocates for defendant No.1 and plaintiffs. 3. Defendant No.1 in his affidavit asserted that he was served with summons on 19.09.2018, but the next date fixed in the suit was on Sunday, and therefore, he could not appear before the Court. He has further contended that some of the dates fixed in the suit thereafter Page 1 of 3 -- 1 of 3 -- NM No.2691-2019 were on Holidays, Sunday or second Saturday, and therefore, he could not appear before the Court. Due to the said fact and his old age and health issues, he could not give instructions to his Advocate for preparing a written statement. 4. Defendant No.1 has contended that the suit is barred by law of limitation. This Court has no jurisdiction to try the present suit. The suit was filed without any cause of action. He wants to put forth the defences in a written statement. 5. Considering the grounds stated in the affidavit filed in support of the notice of motion and in order to give an opportunity to defendant No.1 to put forth his defences, to my mind, it is expedient in the interest of justice to allow him to contest the suit by filing a written statement by condoning the delay. At the same time, it is necessary to saddle him with costs for the delay in filing a written statement. Consequently, I hold that the notice of motion deserves to be allowed in terms of prayer clauses (a) to (c) with costs and proceed to pass the following order: ORDER 1. Notice of Motion No.2691 of 2019 is made absolute in terms of prayer clauses (a) to (c) subject to costs of Rs.1,000/- which shall be paid to plaintiffs. 2. Notice of Motion No.2691 of 2019 is accordingly disposed of. Sd/- R. S. PAVASKAR Judge, Dated : 25/02/2021 City Civil Court, Gr. Bombay Dictated on : 25/02/2021 Transcribed on : 25/02/2021 HHJ signed on : 25/02/2021 Page 2 of 3 -- 2 of 3 -- NM No.2691-2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer 26.02.2021 2.56 p.m. ARUN ANNAMALAI MUDALIYAR Name of the Judge (With Court Room No.) HHJ Shri. R.S. PAVASKAR (CR 12) Date of Pronouncement of JUDGEMENT /ORDER 25.02.2021 JUDGEMENT /ORDER signed by P.O. on 25.02.2021 JUDGEMENT /ORDER uploaded on 26.02.2021 Page 3 of 3 -- 3 of 3 --