Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Nadar for plaintiff present.
Adv. Ruchi Singh for defendant no. 2 present.
Adv. Poonam Gupta for proposed defendant nos. 5 and 6.
Heard argument of Ld. Advocate for the plaintiff and defendant no. 2 on NM no. 2847/2019.
FRSR following order is passed on NM no. 2847/2019
This notice of motion is tendered by defendant no. 2 inter-alia for condoning the delay of 192 days
in filing written statement. Defendant no. 2 submitted that the defendant no. 2 was not aware about
the pendency of the suit. She was never served with the writ of summons. Defendant no. 2 was
informed by the defendant nos. 1 and 4 about the present suit. She submitted that she did not get
the leave from the work . She approached the lawyer and came to know about the order passed in
the matter. She is financially weak and unable to engage advocate. Therefore, it took time for her
to file the present NM.
The Ld. counsel for the plaintiff opposed the present NM on the count that the defendant no.
2 is not illiterate and working in the rice shop Vashi Market and getting daily wages of Rs. 500/-.
The defendant no. 2 has not given the satisfactory explanation for delay.
On perusal of the original writ of summons it appears that, the defendant no. 2 refused to
sign on writ of summons and informed the bailiff that she is not Jayashree Borade but she is
Jayashri Kuradkar. It appears that the writ of summons was duly served upon the defendant no. 2.
The ground put forth by the defendant no .2 that she was not served with writ of summons is
contrary to the record. Be that as it may, the matter is at initial stage. Substantial rights of the
parties are involved. Defendant no. 2 is come in the case to contest the matter and therefore in the
interest of justice NM is required to be considered. Hence it is expedient to pass following order.
ORDER
1. Notice of Motion No. 2847/2019 is made absolute in terms of prayers clause (a) to (c) subject to
costs of Rs. 2,000/- to be paid to the plaintiff within a period of 15 days from today.
2. Payment of costs is subject precedent.
3. On payment of the costs, defendant no. 2 can contest the suit and the written statement filed by
the defendant no. 2 be taken on the record.
4. Notice of Motion is disposed of accordingly.
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Time is granted to the counsel for the proposed def. no. 5 and 6 to file reply to CS no. 852/19.
Adjourned for compliance and reply to CS to 8.1.2020.
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