Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM No.330619 IN SUIT No.26219
MHCC010090132019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.3306 OF 2019
IN
SUIT NO. 262 OF 2019
Ramsewak Jokhan Kewat ] ...Plaintiff.
Versus
Deputy Collector & Others ]…Defendants.
Appearance:
Ld Advocate M. S. Singh for plaintiff.
Ld Advocate Priya Padhya for Defendant No.4.
CORAM : K.P. KSHIRSAGAR
JUDGE, (C.R.NO.08)
DATE : 18/11/2022
ORAL ORDER
1) Defendant No.4 has taken out present notice of motion for
condonation of delay in filing his written statement.
2) Perused the notice of motion, affidavit in support of notice of
motion and record. Heard Ld Advocate for plaintiff and Ld Advocate for
defendant No.4.
3) From the matter on record it appears that defendant No.4 has
stated the cause for delay in filing his written statement on solemn
affirmation. The cause stated for delay is that the defendant No.4 is layman
and he does not know the legal position and inability of his previous
advocate to file written statement and that some time was required for
-- 1 of 3 --
2 NM No.330619 IN SUIT No.26219
searching all the papers relating to present matter. Plaintiff has not
challenged the cause for delay stated in the affidavit in support of notice of
motion. Therefore, there is no material so as to disbelieve the cause for
delay in filing written statement stated by the defendant No.4. From the
affidavit in support of notice of motion it appears that defendant No.4 has
demonstrated just and exceptional cause for condonation of delay in filing
his written statement. Moreover, in order to give fair opportunity to the
defendant No.4 to defend the suit it will be appropriate to give opportunity
to the defendant No.4 to file written statement. The date of service of writ
of summons is also not disputed. The delay is also not inordinate.
4) Considering the matter on record and above discussion in the
interest of justice present notice of motion deserves to be made absolute.
Hence, court proceeds to pass following order:
ORDER
1) Notice of Motion No. 3306 of 2019 is made absolute.
2) Written statement of defendant No.4 be taken on record.
3) Notice of Motion No. 3306 of 2019 is disposed off accordingly.
Date : 18/11/2022. (Shri. K.P. Kshirsagar)
Judge
City Civil Court,
Gr. Mumbai.
Dictated on :18/11/2022.
Typed on : 21/11/2022.
Checked on :21/11/2022.
Signed on:22/11/2022.
-- 2 of 3 --
3 NM No.330619 IN SUIT No.26219
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
22/11/2022 Mrs. S.A. Shekade.
Name of the Judge (With Court room
no.)
SHRI K.P. Kshirsagar (Court Room
No.08)
Date of Pronouncement of
JUDGMENT/ORDER
18/11/2022
JUDGMENT/ORDER signed by P.O.
on
22/11/2022
JUDGMENT/ORDER uploaded on 22/11/2022
-- 3 of 3 --