Date: 28-08-2019
Business: Adv. Aniket Chandra for Plaintiff present.
Adv. Chhabriya for Defendant present and tendered draft NM.
O- Leave granted to register it.
Other side to say.
Say filed by the plaintiff.
Order below draft notice of motion.
Read draft notice of motion, affidavit in support of it and say of plaintiff. Heard respective counsel for parties.
Defendant No.2 has taken out present draft notice of motion for condoning delay caused in filing written statement and to permit her to file written statement.
It the contention of defendant No.2 that she was suffering from depression and health problem due to reason that her husband defendant No.1 has left her and not maintaining her.
Plaintiff opposed notice of motion on the count that it is barred by limitation and if allowed then heavy costs be imposed upon defendant No.2.
It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of justice dispensation system (Salem Bar Association V/s Union of India, 2003 AIR SCC 189 and Zolba V/s Keshav, 2008 AIR SCC 2099). In view of this legal position I consider present notice of motion.
It is pertinent to note that defendant No.2 has been impleaded as party as per order dated 14th September, 2018 in Chamber Summons No.288 of 2018. Plaintiff was directed to carry out amendment within two weeks and to supply copy of amended plaint upon defendants within two weeks thereafter. It seems that plaintiff has carried out amendment only on 27th June, 2019. This itself indicate that plaintiff is not prosecuting the matter diligently. May it be so, writ of summon against defendant No.2 is dispensed with on 20th July, 2019 and she was directed to file written statement within 30 days from that date. She approached to the Court on 22.08.2019 by moving preceipe but she has not taken out notice of motion. Now, by present notice of motion she has made prayers in above terms. Conduct of defendant No.2 does not appear to delay the trial of the matter. She has also annexed written statement along with draft notice of motion. This shows her bond fide. Delay caused is not inordinate and deliberate. Therefore, I am inclined to condone the delay caused which is very marginal and permit her to file written statement on record. Hence, pass following order -
ORDER
1. Draft Notice of Motion is allowed and made absolute in term of prayer clauses (a) and (b).
2. Written statement of defendant No.2 is hereby taken on record and it be marked exhibit.
3. Draft notice of motion be registered for statistical purpose.
4. Accordingly, draft notice of motion is disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 28-08-2019