Date: 01-08-2019
Business: Adv. Jain for plaintiffs present.
None present for defendants.
The ld. counsel for the plaintiffs filed two case laws and advanced argument. None present on behalf of defendants. Matter is adjourned for submission on behalf of defendants on case laws and order on NM No. 1035/18 and reply to NM filed by the defendant to 8.8.2019
LO
Advocate Sakina for defendant no. 2 present.
Def. no. 2 tendered registered NM no. 2796/19
Adjourned for submission on behalf of defendants on case laws and order on NM No. 1035/18 and reply on NM no. 2796/19 to 8.8.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Plaintiff present.
Adv. Jain for plaintiff present.
Adv. Sakina for defendant no. 2 present.
Court is busy in other matters.
Adjourned for NM order to 16.8.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Adv. Uadayan Jain for plaintiffs present.
Plaintiff no. 1 present.
Adv. Sakina for defendant no. 2 present.
Court is busy in hearing time bound Notice of Motion in Suit No.2044/16.
Adjourned for order on NM to 23.8.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-09-2019
Date: 03-09-2019
Business: Adv.Ms.Arora for plff. Present.
Adv.Sakina for deft no.2 present.
The Court is busy in final argument in Suit no.783/14 and Suit no.758/16, hence adjd. to 9.9.2019 for order.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Udayan Jain for plaintiffs present.
FRSR following order is passed on Notice of Motion No. 1035/2018.
ORDER
1. Notice of Motion No. 1035/2018 is dismissed.
2. Costs in the cause.
3. Notice of Motion is disposed of accordingly.
______________________________________________
Adjourned for reply to NM No. 2769/19 to 4.10.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv. Ashita Jain for plaintiff present.
Adv. Deria for defendant no. 2 present.
The Ld. Advocate for the plaintiff seeks time.
Adjourned for reply to NM to 11.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Akshita Jain for plaintiff present.
Adv. Majra for deft. no.2 present.
ORDER IN N/M NO.2796/19
Heard. This N/M is tendered by deft. no.2 for condoning the delay of 325 days for filing the W/S. Ld. Counsel for deft. no.2 submitted that the deft. no.2 was served by private service on 23.02.2018. The deft. no.2 has filed N/M no.315/19 for dismissal of suit and the service of writ of summons was not effected in consonance with Order 5 Rule 1 of the C.P.C. He would submit that the said N/M came to be dismissed vide order dated 29.01.2019 and deft. no.2 was granted liberty to file W/S as a last chance. He would submit that the matter was posted on 22.02.2019 and 02.05.2019. On both these days, the court was on leave. On 22.07.2019, the deft. no.2 has tendered this N/M. He would submit that N/M and W/S was sworn on 22.07.2019. He would further submit that the delay is not deliberate and intentional. In support of his contention, he placed reliance upon judgment of Apex Court in the case of Shaikh Salim Haji Abdul Khayumsab V/s. Kumar and Ors. in Appeal (civil) 6907/2005 dated 18.11.2005 and also of the Hon\''ble Delhi High Court in Smt. Prem Lata and Ors. V/s Shri. Rajender Soni dated 08.12.2005.
N/M is vehemently opposed by the plaintiff on the count that the delay is deliberate and intentional. There is huge delay of 325 days without any plausible explanation. In-spite of the last chance granted to the deft. no.2 in N/M no.315/2019, the deft. no.2 failed to file W/S within stipulated time, hence prayed for dismissal of N/M.
I had considered the rival submission. The reason given by the deft. no.2 that after dismissal of his N/M, he was supposed to file W/S on 22.02.2019 and the same was ready but as the court was vacant, he could not file the same. The said explanation does not appear to be plausible and justifiable.
Be that as it may, the matter is not cropped for evidence. Substantial rights of the parties are involved. Technicalities cannot be pitted against the substantial rights. No prejudice would be caused to the plaintiff if W/S is taken on record. In dealing with such type of motions, there should not be hyper-technical and pedantic approach. To meet the end of justice, the motion needs consideration and the plaintiff can be compensated by imposing cost upon defendant no.2. Hence, it is expedient to pass the following order.
ORDER
1. N/M No.2796/19 is made absolute in terms of prayer clause (a) subject to cost of Rs.7,500/- to be paid to the plaintiff within a period of three weeks from today.
2. Payment of cost is subject precedent.
3. On payment of cost, the W/S be taken on record.
4. N/M No.2796/19 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 12-02-2020
