Date: 09-08-2019
Business: Court is busy in dictating Judgment in suit no.5559/07, hence case is adjourned to 16/10/2019.
Advocate Garewal for Plaintiff present
Advocate Shipra Tanna for Defendant present and filed registered Notice of Motion no.2827/2019 with affidavit in support, t.o.r.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Court is busy in hearing and dictating order on Notice of Motion in suit no.1807/18 and hearing Notice of Motion in suit no.2853/18, hence case is adjourned to 16/12/2019.
L.O.
Advocate Kirtika Kothari for Plaintiff filed reply to NM no.2827/18, t.o.r.
Advocate for Defendant present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Advocate Ms. Kritika Kothari for Plaintiff present
Advocate Ms. Shilpa Tanna @ Defendant present.
Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 13/01/2020.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Advocate Mr. Rahul Raut for Plaintiff present
Defendant no.1 and 2 present.
Heard Plaintiff\''s advocate who has submitted that Notice of Motion for condonation of delay caused in filing Written Statement of Defendants is strongly resisted but if court comes conclusion to allow it, heavy costs may be ordered to be paid by Defendants to Plaintiff.
Defendants submitted that their advocate is not available hence matter may be adjourned.
Considering submissions I find that orders in Notice of Motion can be passed even in absence of Defendants advocate.
ORDER ON NM
This is the Notice of Motion taken out by Defendant no.1 and 2 for condoning delay of 198 days caused in filing their Written Statement. It is contended that Defendant no.1 is suffering from mental illness including hallucinations and depression therefore he is required to have treatment. Defendant no.2 is 65 year old lady and she is also having various ailments and hypo thyroid, hence she is unable to have free movement, hence the delay is caused in filing Written Statement, therefore Defendants have prayed to condone the delay and to accept their Written Statement.
Plaintiff has resisted Notice of Motion contending that day to day delay is not explained and no documentary evidence about illness of Defendants is filed. I have given serious consideration to the contentions raised by the parties. Defendant no.2 is present before the Court and her illness about hypo thyroid is visible. Further, considering the fact that Defendant no.1 was suffering from depression, I find that Defendants have succeeded in giving reasonable grounds for condonation of delay for filing Written Statement, hence, I proceed to pass following order-
ORDER
1. Notice of Motion no.2827/2019 is made absolute.
2. Delay of 198 days caused in filing Written Statement by Defendants is condoned subject to cost of Rs.1,500/- to be paid by Defendants to Plaintiff.
3. On Payment of cost amount by Defendants to Plaintiff, their Written Statement will be accepted.
Earlier order to continue till next date.
Case is adjourned to 19/03/2020 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 13-01-2020