Final Order 1

Order Details: Other
Pdf Text: 15.07.2019
SU 1885/19
@ NM
1996/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Vijay Dhadam for Plaintiff present.
Adv. Subhash Bane for defendant nos.1 and 2 present.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy is given to other side.
K.B.
L.O.
Plaintiff is present.
Defendant no.2 is present.
Say filed by Adv for Plaintiff to draft NM.
Order below draft NM.
Read draft Notice of motion, affidavit in support of it and reply
of Adv for Plaintiff.
Heard respective counsel for parties.
Notice of motion is taken out by defendants for taking on record
their written statement by condoning delay caused in filing
written statement. They made above prayer on the ground that
certain documents were stolen from the suit premises by the
Plaintiff and they have sought the information relating to those
documents from the M.C.G.M. under Right to Information Act
and said corporation vide letter dated 23.05.2019 informed to
defendant no.2 to take inspection of the file relating to suit
premises. It is further contended that defendant no.2 took the
inspection of files and received documents in last week of June
2019. Thereafter, he was unable to contact his Advocate and to
hand over papers to his Advocate due to his illness. In support
of their contention, they have filed Exhibit A and B.
Accordingly, they made prayer in above terms.
Plaintiff opposed notice of motion on the count that defendants
have not shown sufficient cause to condone the delay.
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)
In view of above legal position, I have considered contentions of
parties. The reasons assigned by the defendants are sufficient to
condone the delay caused in filing written statement. Further,
delay caused is not inordinate and cannot be said to be
deliberate. Therefore, I am inclined to condone delay caused in
filing written statement and to take it on record. However,
considering the conduct of defendants, certain costs is required
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Exh.3
to be imposed upon them. Hence, pass following order.
ORDER
1. Draft Notice of motion is allowed and made absolute in terms
of prayer clause (a) subject to payment of costs of Rs.500/ to
the Plaintiff within a period of one week. Defendants are at
liberty to deposit costs payable to the Plaintiff in Court.
2. On payment of costs, written statement of defendants to be
taken on record.
3. Accordingly, draft NM is disposed off.
4. It be registered for statistical purposes.
Costs of Rs.500/ paid by defendants to Plaintiff.
Ex.3 Written statement filed by defendants t.o.r.
Reply filed by defendants to Notice of motion of Plaintiff t.o.r.
Copy of WS and reply given to Plaintiff.
Earlier order, if any to continue till next date.
Adj for rejoinder, if any to 19.08.2019.
Judge
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