Date: 03-08-2019
Business: Adv. Varun Goswami for Plaintiff present.
Adv. Poojarani Giri for defendant present.
Defendant is present.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Adv for Plaintiff on draft NM.
Order below draft NM.
Read draft Notice of motion, affidavit in support of it and reply of Plaintiffs.
Heard both sides.
Draft NM is taken out to condone the delay caused in filing written statement and to take written statement of defendant on record.
From Roznama it appears that copy of plaint has been served upon defendant on 25.06.2019. From that date defendant ought to have filed written statement within 30 days but he failed to do so.
Now defendant wants to take his written statement on record by condoning the delay caused in filing the same. The reason assigned in affidavit in support of draft NM is sufficient to condone the delay caused in filing written statement. Moreso, delay caused cannot be termed as deliberate and intentional. Further, delay caused is not inordinate. Therefore, I am inclined to condone the delay caused in filing written statement and to take it on record. Hence, pass following order.
ORDER
1. Draft Notice of motion is allowed and made absolute in terms of prayer clause (a).
2. Defendant to file his written statement within a period of one week of date of order.
3. Draft NM be registered for statistical purpose.
Accordingly, draft NM is disposed off.
Ex.4 Written statement filed by defendant t.o.r.
Copy of written statement is given to the Plaintiff.
Adj for framing issues to 26.08.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 03-08-2019
