SUIT - SHORT CAUSE CIVIL SUIT
Halchal Ramjagat Bind +1 moreVsUmesh Kanhyalal Bind
CNR MHCC0100957820192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 102602/2019
- Registration Date
- 03 Oct 2019
- Next Hearing Date
- 16 Nov 2026
- Case Stage
- FRAMING ISSUES
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
2Hindu Marriage Act · Sec 34 · 35 · 36 · 37 · 38 and 41
Protection of Women from Domestic Violence Act · Sec Order 39 · Order 40 · Rule 1
Case History / Proceedings
Case History
Date: 24-10-2019
Business: Plff-1 and 2 present.
None present for the Defendant.
Plffs are directed to file affidavit of service relating to service of writ of summons.
Matter adjd to 10.12.2019 for service report.
Next Purpose: SERVICE
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. V. M. Panjabi for plaintiff present.
Defendant present.
Exh 02 Adv. H.P. Pandey filed V/N for defendant t.o.r
Defendant is directed to filed W/s within prescribed period
Adjourned for direction to 27.01.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Panjabi for plaintiff present.
Adv. Ranjeet Prajapati for defendant present.
He tendered draft NM t.o.r.
O- Leave granted to register it.
Copy be served upon other sied.
He also annexed copy of W/S.
Say filed by advocate for plaintiff on draft notice of motion itself.
Heard both sides.
KB
LO
Order passed below Draft notice of motion
Perused draft notice of motion, affidavit in support of it, say filed by plaintiffs and roznama of the proceeding. Heard respective counsel for parties.
Draft notice of motion is taken out by the defendant to condone delay caused in filing of written statement and to take the same on record.
It is contended by defendant that writ of summons was served upon him on 03.12.2019 but he could not file written statement within prescribed period of 30 days as he had been to his native place in Uttar Pradesh to attend his ailing mother and stayed there till 07.01.2020. Therefore, he could not give instruction to his advocate to draft written statement and to file the same on record. In above circumstances delay has been caused in filing written statement. Accordingly, he made prayers in above terms.
Plaintiffs strongly objected to the present notice of motion by filing their say on notice of motion itself.
Before adverting to the facts 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). In view of this legal position, now, I consider notice of motion.
In present matter defendant has approached to this Court by taking out present notice of motion within period of 90 days from the date of service of writ of summons. Delay caused in filing written statement cannot be said to be inordinate. In my view, reason assigned is sufficient to condone delay caused in filing written statement. Further, delay caused cannot be said to be deliberate and intentional. Defendant has shown his bona-fide by annexing written statement to draft notice of motion. Thus, it is clear that defendant does not want to hinder the progress of the present matter. In the facts of matter in the interest of justice and fair trial, I am inclined to allow draft notice of motion by imposing certain costs upon him. Hence, pass following order
ORDER
1. Draft notice of motion is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.500/- (Rupees Five Hundred only) to the plaintiffs within period of one week from the date of this Order.
Defendant is at liberty to deposit the costs payable to the plaintiffs in the Court.
2 After payment of costs, written statement of defendant be taken on record and marked exhibit.
3.Draft notice of motion be registered for statistical purpose.
4.Accordingly, draft notice of motion is disposed off.
Defendant paid the costs of Rs.500/to the advocate for plaintiff who accepted it on behalf of plaintiff
Written statement of defendant. (Exh.3)
Adjourned for issues to 12.03.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Wrongly on board.
Matter already Adj to 14/03/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Adv Punjabi for plff present.
Adv Ranjit Prajapati for deft present.
He tendered reply to NM 742/2020 and CS 314/2020. t.o.r. Copy served to other side.
Matter stands Adj for NM hearing to 26/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 26-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 26-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present.
Matter stands Adj for Hearing on N/M to 03.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021
Date: 07-12-2020
Business: None present.
Matter stands Adj for Hearing on N/M to 03.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021
Date: 07-12-2020
Business: None present.
Matter stands Adj for Hearing on N/M to 03.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: None present.
Matter stands Adj for NM Hearing to 09/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv.Punjabi for plaintiff present.
He tendered draft Chamber summons for an amendement in the plaint. t.o.r Leave to register granted.
Copy be served to advocate for plaintiff.
Adv. Ranjit Prajapati for defendant present.
Matter stands Adj to 21/04/2021 for NM hearing and reply on CS.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: Holiday declared on 03.07.2021 as per Office Order No.120 of 2021 dated 27.06.2021 due to covid-19, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: None for plff.
Adv Ranjit Prajapati for deft present.
He submitted that CS is not served on the deft.
Matter stands Adj for Affidavit of Service to 14/10/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Plaintiff and advocate absent.
Adv. Ranjeet Prajapati for defendant present.
Defendant present.
As Court is buzy in administrative work.
Matter stands Adj on 04.12.2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: P. O. is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: None for plff.
Adv Ranjit Prajapati for deft present.
Plff is directed to serve copy of CS.
Matter stands Adj for Affidavit of Service to 27/04/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Both parties and their Adv absent.
P. O. is busy in dictating order on NM 4225/2019 and 4482/2019 in EA 541/2018, order on MA 31/2020 in SU 591/2019 and order on CS 1946/2021 in SU 6916/2004.
Hence matter stands Adj for Affidavit of Service to 27/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv. Ranjeet Prajapati for defendant present.
None for plaintiff.
Plaintiff is directed to serve copy on defendant.
Matter is adjd for affidavit of service to 10/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 12/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: None for plaintiff present.
Adv. Ranjeet Prajapati for defendant present.
Sufficient time is granted to plaintiff for service. Today also plaintiff is absent and no steps are taken. Plaintiff is absent since long. Last chance granted for taking steps on failure further order will be passed on next date.
Parties are directed to give CTS number of suit property.
Matter is adjd for service to 30/11/2022.
Next Purpose: SERVICE
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: None for plaintiff present.
Adv. Ranjit Prajapati for defendant present.
Defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for service to 17/12/2022.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: None for plaintiff present.
Adv. Ranjeet Prajapati for defendant present.
Plaintiff failed to serve copy of Chamber Summons no. 632 of 2021 on defendant. The Chamber Summons is also not tendered before the Court. Chamber Summons no. 632 of 2021 stands dismissed for want of steps. The plaintiff is directed to tendered registered Chamber Summons no. 632 of 2021 for Court record.
Matter is adjourned for hearing to 06/03/2023.
Next Purpose: HEARING
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: None for plaintiff present.
Adv. Ranjit Prajapati i/b H. P. Pandey for defendant present.
Last chance granted to plaintiff to work out matter on next date, on failure order regarding dismissal of n/m will be passed on next date.
Matter adjourned for hearing to 08/06/2023.
Next Purpose: HEARING
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: None for plaintiff.
Adv. Mr. Ranjit Prajapati for defendant present.
Matter adjourned for hearing on 20.07.2023.
Next Purpose: HEARING
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: P. O. is on Leave. Hence matter adjd.
Next Purpose: HEARING
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Plaintiff and advocate absent.
Advocate Mr. Ranjeet Prajapati for defendant present.
KB
LO at 4.30 P.M.
Plaintiff and advocate absent.
It reveals that since long matter is posted for the hearing of NM 742/2020 and CS 314/2020. After going through the roznama it reveals that the plaintiffs have not tendered registered NM no. 742/2020 and C/S 314/2020 before the court. It reflect that plaintiffs are not interested to conduct the C/S 314/2020 and NM 742/2020, hence C/S 314/2020 and NM 742/2020 stands dismissed for default.
The plaintiffs are directed to tendered registered NM 742/2020 and C/S 314/2020 for court record.
Matter adjourned for draft issues on 16.10.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-10-2023
Date: 16-10-2023
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: Advocate Mr. Amin Patel h.f. Advocate O.P. Singh for plaintiff present.
Defendant and advocate absent.
Matter adjourned for draft issues on 28.02.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Both parties and advocate absent.
L.O.
Advocate Ranjit Prahapati i/b H.P. Panday for defendant present.
Matter adjourned for Draft issues on 22.04.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: Plaintiff absent.
Advocate Mr. Ranjeet Prajapati for defendant present.
Matter adjourned for draft issues on 18.07.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: Advocate Amin Patel for defendant present.
Plaintiff and advocate absent.
Considering heavy rain in Mumbai, matter is adjourned.
Matter is adjourned for draft issues on 08.11.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-11-2024
Date: 08-11-2024
Business: Advocate Ranjit Prajapati for defendant present.
Plaintiff and advocate absent.
Matter is adjourned for draft issues on 11.02.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: Advocate Ranjit Prajapati for defendant present.
Plaintiff and advocate absent.
Matter is adjourned for draft issues on 03.05.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-05-2025
Date: 03-05-2025
Business: P.O IS ON LEAVE.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: Court is on Vacant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-12-2025
Date: 17-12-2025
Business: None present for plaintiff.
Advocate Ranjeet Prajapati for defendant no. 1 is present.
Draft issues not filed.
Last chance granted for filing draft issues.
Matter adjourned to 16.02.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: None present for plaintiff.
Advocate Ranjeet Prajapati i/b Advocate H.P. Pandey for defendant is present. He seeks time to file draft issues. O- Granted.
Matter adjourned to 17.04.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2026
Date: 17-04-2026
Business: None present.
As such there exists an element of settlement. Hence this suit be referred to Lok- Adalat dated 09.05.2026. Issue notice to both the parties to remain present on National Lok-Adalat on 09.05.2026.
Matter adjourned to 21.07.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-05-2026
Date: 09-05-2026
Business: Adv for plaintiff absent.
Adv for defendant absent.
Not settled.
Matter is adjourned to 21.07.2026
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-07-2026
Date: 21-07-2026
Business: None for plaintiff is present.
Advocate Siddhi Vadake for defendant is present and filed draft issues. TOR.
Matter adjourned to 17.09.2026 for framing issue.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-09-2026
Date: 17-09-2026
Business: None present for the parties.
Matter adjourned to 16.11.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-11-2026Additional Case Details
Additional Case Details
Filing Number: 110164/2019 Filing Date: 19-09-2019 First Hearing Date: 24th October 2019 Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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