Date: 09-08-2019
Business: Adv. Sushma Pandey for Plaintiff present.
Adv. Fauzan Shaikh for defendant present.
He tendered original Ch/s No.1440/19 t.o.r.
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 Plaintiffs on draft NM.
Order below draft NM.
Read draft NM, affidavit in support of it, reply of Plaintiffs.
Heard respective counsel for parties.
Defendant has taken out Notice of motion to condone the delay caused in filing of written statement.
Plaintiffs have filed their say to said motion and prayed to impose costs.
It is the contention of defendant that due to ignorance he could not engage counsel at the earliest and thereafter documents required for drafting written statement could not be traced. For these reasons, delay has been caused in filing written statement.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances the WS can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India (2003 AIR SCC 189) and Zolba V/s Keshav (2008 AIR SCC 2099)
Keeping in view above legal position, I have considered present draft Notice of motion.
Delay caused is not inordinate and it cannot be said that delay caused is deliberate. Therefore, considering the reason assigned, in order to give an opportunity to the defendant to contest matter on merit, I am inclined to condone the delay caused in filing of written statement. Hence, pass following order.
ORDER
1. Draft Notice of motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1,000/- to the plaintiffs within period of one week. Defendant is at liberty to deposit costs payable to the Plaintiffs in Court.
2. Defendant has to file his written statement within one week of payment of costs to the Plaintiffs.
3. For statistical purposes, draft NM be registered.
4. Accordingly, draft NM is disposed off.
Costs is paid by Adv for defendant to the Adv for Plaintiffs.
Ex.3 Written statement filed by defendant t.o.r.
Copy is given to the Plaintiffs.
Adv for defendant submitted that written statement filed by him be treated as reply to NM filed by the Plaintiffs.
Statements of defendant is accepted.
Written statement, Exh.3 is also treated as reply to the NM of Plaintiffs.
Adv for Plaintiffs submitted that they want to file rejoinder.
Time is granted.
Adv for Plaintiff submitted that they do not want to file reply to Ch/s.
Adv for defendant submitted that Plaintiffs and defendants are residing in suit premises.
Parties are directed to maintain status quo till next date.
Adj for NM hearing and Ch/s reply to 23.09.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 09-08-2019
