Final Order 1

Order Details: Other
Pdf Text: 03.08.2019
SU 8116/94
Exh.4
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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.
Judge
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