Final Order 1

Order Details: Other
Pdf Text: 24.09.2019
SU 3268/18
NM 3489/19
NM 768/19
Ex. 3
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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
Judge
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