Final Order 1

Order Details: Notice of Motion
Pdf Text: Advocate Mr. Rahul Raut for Plaintiff present Defendant no.1 and 2 present. Heard
Plaintiff&amp#039s 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.
-- 1 of 1 --