Date: 24-09-2019
Business: Adv. Hoshang Tafti for Plaintiff present.
Plaintiff present.
Adv.Khan for defendant present. He filed register NM 3489/19 t.o.r.
He also filed reply to NM 768/19. t.o.r. copy is given to plaintiff
Adv. for plaintiff filed say on NM
Order below NM No.3489/19.
Read Notice of motion, affidavit in support of it, say of Plaintiff.
Heard respective counsel for parties.
Notice of motion is taken out by defendant to condone the delay caused in filing written statement and to take the same on record. Defendant has raised contention about non service of writ of summons and also submitted that technically there is delay of 50 days in filing written statement and that she has very strong case on merits and there is no negligence on her part. Accordingly, she made prayer in above terms.
Plaintiff objected to the notice of motion.
Before dealing the notice of motion, I would like to mention that, it is a settled law that Order VIII 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 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, considering the fact that delay caused is not inordinate and deliberate and in the interest of justice and fair trial, I am inclined to give an opportunity to the defendant to contest matter on merit. Therefore, present notice of motion deserves to be allowed. Hence, I pass following order.
ORDER
1. Notice of motion No.3489/19 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.500/- to the Plaintiff within the period of one week from the date of order. Defendant is at liberty to deposit costs payable to the Plaintiff in Court.
2. After payment of costs by the defendant, her written statement is to be taken on record and marked exhibit.
3. Accordingly, NM No.3489/19 is disposed of.
Costs paid by defendant to Adv for Plaintiff in open Court who
accepted the same on behalf of Plaintiff.
Ex. 3 Written statement filed by defendant t.o.r.
Adjd. for rejoinder to 18.10.2019
Nature Of Disposal: ALLOWED
Disposal Date: 24-09-2019
