Final Order 1

Order Details: Notice of Motion
Pdf Text: None present for the plaintiff. Therefore, N/M no.4043/18 is dismissed for want of prosecution.
The matter is adjd for framing issues to 16.03.2020.
None for plaintiff.
Adv. Mr. Mahtab Alam for deft. nos.1 and 2 present.
Adv. for deft. nos.1 and 2 filed application for removing the matter from the caption of dismissal
order in respect of his N/M.
O. - The order of dismissal is called back to the extent of N/M no.2919/19.
Heard argument on N/M no.2919/19.
ORDER ON N/M NO.2919/19
Ld. counsel for deft. nos.1 and 2 submitted that these defendants are residing at Satara and were not
aware about legal proceeding. They were also not knowing any advocate at Mumbai to appear on
their behalf. Therefore, there was delay in handing over all the documents which were in their
custody to their advocate. Defendants were at Satara and the papers pertaining to suit property were
lying in Mumbai and hence, could not hand over the same to their advocate. The deft. no.1 is old
person and is not keeping good health. There is no other person to take care of her and therefore, in
these circumstances, they could not hand over the documents to their advocate and W/S could not
be filed. The plaintiff has filed the reply and contended that in order to delay the proceedings, the
defendants have not filed W/S and are making false statements. Deft. nos.1 and 2 were represented
by their advocate. Therefore, there is no reason given by the defendants, hence prayed for rejecting
the N/M.
None present on behalf of the plaintiff for arguing this N/M. The defendants have submitted that
the documents could not be handed over to their advocate as they were at Satara. The reason
appears to be justifiable. No prejudice would be caused to the plaintiff, if W/S is taken on record.
The matter is at initial stage. It would be in the interest of the parties, if the matter is decided on
merit. There should not be hyper-technical and pedantic approach in dealing with such types of
motions. Hence, N/M needs consideration and therefore, it is expedient to pass the following order.
ORDER
1. N/M No.2919/19 is made absolute in terms of prayer clause (a) and (b).
2. W/S filed by the defendant nos.1 and 2 is taken on record.
Contd....
3. N/M No.2919/19 is disposed off accordingly.
Written statement.
O.- Read and recorded.
None present for the plaintiff. Therefore, N/M no.4043/18 is dismissed for want of prosecution.
The matter is adjd for framing issues to 16.03.2020.
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