Date: 25-09-2019
Business: dv. Shukla for Plaintiff present.
Adv. M.D. Pandey for defendant present.
Defendant tendered 2 original notice of Motion no NM 3496/19 and NM 3497/19 t.o.r. Copy given to other side
Adjd. to 19.10.2019 for Reply
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Adv. Ashitosh Shukla
Adv. M.B. Pandey for defendant
Adv. For plaintiff sought time to file reply
O- Time is granted.
Adjourned to 20.11.2019 for reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Shukla for plaintiff present.
Adv. M. T. Pandey for defendant present.
Plaintiff filed reply to notice of motion Nos.3496 of 2019 and 3497 of 2019.
Copy is given to other side.
Adjourned for rejoinder and NM hearing to 05.12.2019
Next Purpose: HEARING
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Yadav for plaintiff present.
Adv. M.D. Pandey for defendant present.
KB
LO
Adv. Shukla for plaintiff present.
Order below NM No.3497/19.
Perused Notice of motion, affidavit in support of it, reply of plaintiff.
Heard Ld. Advocate for parties.
Notice of motion is taken out by defendant to set aside order dated 12.07.2019 on the ground that due to heavy rain he and his Advocate could not attend Court on 26.06.2019. On 12.07.2019 defendant was at his native place, so he could not communicate about date of the matter to his Advocate. Consequently, his Advocate could not attend Court and impugned order came to be passed relating to proceeding of suit without cross-examination on behalf of defendant. In above circumstances, defendant prayed for setting aside impugned order.
Plaintiff filed reply to Notice of motion and opposed it on the count that ample opportunity has been given to the defendant to cross examine P.w.1 but he failed to cross examine plaintiff. Defendant has not made out any case to set aside impugned order. Accordingly, he prayed for dismissal of Notice of motion.
Considering the reason assigned by the defendant, I am of the view that for the fault if any, on the part of his Advocate, party should not suffer. Therefore, in the interest of justice and fair trial, I am inclined to allow present Notice of motion subject to costs. Hence, pass following order.
ORDER
1. Notice of motion No.3497/19 is allowed and made absolute in terms of prayer clause (c) subject to payment of costs of Rs.1,000/-(Rupees One Thousand Only) to the plaintiff within period of two weeks. Defendant is at liberty to deposit costs payable to the plaintiff in Court.
2. On payment of costs by defendant, he is at liberty to cross examine P.w.1.
3. Accordingly, Notice of motion is disposed of.
Adj for hearing on NM no.3496/19 to 10.01.2020.
Nature Of Disposal: ALLOWED
Disposal Date: 05-12-2019