Final Order 1

Order Details: Other
Pdf Text: 25.11.2019
SU 1390/11
NM 3248/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. M.S. Singh for plaintiff present.
Adv. C.B. Yadav for defendant no 1 present.
Advocate for plaintiff served copy of evidence along with compilation of document.
KB
LO
Say filed by plaintiff.
Heard both sides.
ORDER PASSED BELOW NOTICE OF MOTION NO.3248 OF 2019
Perused notice of motion, affidavit in support of it, say of plaintiff on notice of motion itself
and roznamas of present suit. Heard respective counsel for parties.
Notice of motion is taken out by defendant No.1 to condone delay caused in taking out present
notice of motion, for recalling order dated 24.04.2019, to allow him to file additional written
statement and to take the same on record.
It is the contention of defendant No.1 that plaintiff has taken out chamber summons bearing
No.1052 of 2016 for amendment of plaint and to bring the subsequent events in the plaint and
proceedings. This Court was pleased to allow said chamber summons vide order dated 04.01.2018.
After passing of order plaintiff has carried out amendment in the plaint and plaintiff was also
directed to serve the copy of amended plaint to the defendant. But, copy of amended plaint is
neither served on him nor his advocate so he could not be able to file his additional written
statement. On 24.04.2019, his advocate was in personal difficulty and could not attend the Court
and could not file additional written statement. In result, impugned order was passed.
It is further contended that amended copy of plaint was supplied in the month of June, 2019
and accordingly his advocate drafted additional written statement. It is contended that there is no
intention to delay to file additional written statement and accordingly, made prayer in above terms.
Plaintiff has strongly objected to notice of motion and prayed for dismissal of notice of motion.
From roznama dated 05.02.2019 it is clear that advocate for defendant No.1 has sought time
to file additional written statement and time was granted to him to file additional written statement.
At the same time plaintiff was directed to supply copy of amended plaint to defendant No.1. On
24.04.2019 matter proceeded further as defendant No.1 failed to file additional written statement. It
appears that there are latches on the part of defendant No.1 in filing additional written statement on
record. However, considering the fact that written statement of defendant No.1 is already on record
then it would be unjust to deprive him from dealing with averments made by way of amendment by
plaintiff. Keeping in view said fact, in the interest of justice and equity I am inclined to condone
delay caused in taking out present notice of motion and permit defendant no.1 to file his additional
written statement by allowing present notice of motion subject to certain costs. Hence, pass
following order:
ORDER
1. Notice of Motion No.3248 of 2019 is allowed and made absolute in terms of prayer clauses (a)
to (c) subject to payment of costs of Rs.1000/- (Rupees one thousand only) to plaintiff within period
of two weeks from the date of this order.
Defendant No.1 is at liberty to deposit costs payable to plaintiff in the Court.
2. On payment of costs, additional written statement of defendant No.1 be taken on record and
marked exhibit.
3. Accordingly, notice of motion is disposed off.
…..............
Costs of Rs.1000/- is paid by defendant No.1 to advocate for plaintiff who received it on behalf of
plaintiff.
Adjourned for direction to 12.12.2019
Judge
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