Date: 09-09-2019
Business: Adv. Bhole for plaintiff present.
None present for deft.
Adjd. to 02.11.2019 for reply of nm
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Adv Bhutta for defendant present.
Adv Bhole for plaintiff present.
Register NM NO.3278/19 @ affidavit tendered by advocate for defendant. Service affidavit filed by advocate for defendant.
On oral request of advocate for plaintiff, matter is adjourned to 24.01.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Nilesh Bhole for plaintiff.
Adv. Bhanushali for defendant.
Adv. for plaintiff filed reply to NM 3278/19.
Adjd for rejoinder to NM to 09.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. Nilesh Bhole for plaintiff
Adv. Bhanushali for defendant filed rejoinder to NM 3278/19.
Adjd for NM Hearing to 08-07-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declare holiday hence matter adjd to 26-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2020
Date: 26-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: P.O. Is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Nilesh Bhole for plaintiff present.
None for defendant.
Heard the arguments on behalf of plaintiff.
Adjd to 24/03/2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Bhole for plaintiff
None for defendant
ORDER-
1. Heard the Ld advocate on behalf of the plaintiff. None appeared on behalf of the defendant to advance arguments. By present Notice of Motion the defendant requested to condone the delay of 79 days to file the written statement. The Ld advocate on behalf of the plaintiff rightly objected contending that this is summary suit and therefore written statement cannot be filed at this stage. However, he also argued that the defendant ought to have filed notice of motion for condoning delay caused to appear in the matter as the defendant did not appear within stipulated period of 10 days from the date of service of summons for appearance.
As already noted this is summary suit and written statement cannot be permitted unless leave to defend is granted to the defendant. Yet the summons for judgment has not been filed and heard. Yet the question whether leave to defend can be granted to the defendant is not decided. The matter has not reached that stage. Therefore there is no question to condone the delay for filing written statement and accept the written statement on record. Resultantly, the notice of motion is liable to be rejected. However, at the same time it has to be made clear as to whether the defendant appeared within the stipulated period of 10 days. Admittedly summons was served on the defendant on 29-04-2019. The defendant was under obligation to appear within 10 days. However, at the same time it must be noted that the summer vacation started to the court on 06.05.2019. As such the 10th day came in the summer vacation. It cannot be expected from the defendant to appear in the summer vacation. On the first opening day after summer vacation i.e. on 3rd June 2019 the defendant appeared before the court by filing vakalatnama. Resultantly, the appearance of the defendant must be deemed to be within stipulated period. Therefore, the contention that the defendant did not appear within stipulated period cannot be accepted in the peculiar circumstances. The vakalatnama of defendant as filed on 03.06.2019 is accepted on record. Hence, the notice of motion is rejected. However, it is clarified that the appearance and vakalatnama of the defendant is within stipulated time and it is accepted on record.
Nature Of Disposal: OTHER
Disposal Date: 24-03-2021
