Date: 18-10-2019
Business: None present for plaintiff.
Adv. Pranali Raut for defendant present
She tendered registered NM 3647/19 t.o.r.
Adjd. For NM reply and service to 25.11.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Pranali Raut for defendant present.
Adv. M. S. Singh for plaintiff present.
Say filed by plaintiff to NM No.3647 of 2019
Heard both sides.
ORDER PASSED BELOW NOTICE OF MOTOIN NO.3647 of 2019
Perused notice of motion, affidavit in support of it, say of plaintiff and roznamas of present suit. Heard respective counsel for parties.
Notice of motion is taken out by defendant for condoning delay caused in taking out notice of motion, to set aside order dated 18.02.2019 passed by this Court and to take the written statement on record.
It is the contention of defendant that suit proceeded without written statement against her as per order dated 18.02.2019. She assigned reason that due to death of her father she was constrained to stay at her native place for considerable period of time. Consequently, she was unable to remain present before this court. She also assigned reason that as parties are known to each other so they tried to settle the matter amicably but it could not be settled therefore she has no option but to contest the present suit. She further gave reason that she being woman and lack of legal knowledge failed to appear before the court and file written statement. She has taken out notice of motion No.2443 of 2019 for condoning delay caused in filing of written statement. But at the time of hearing court has pointed out some technical error in relation to prayer therefore she has withdrawn said notice of motion with liberty to take out fresh notice of motion. Accordingly, she has taken out present notice of motion making prayers in above terms.
Plaintiff strongly objected to the notice of motion by filing his say.
It is pertinent to note that order to proceed without written statement against defendant was passed on 18.02.2019. She has not taken out present notice of motion within prescribed period of limitation from the date of said order. Even earlier notice of motion taken out by her was not within limitation. But, now she has made prayer for condoning delay cased in taking out present notice of motion. She has assigned reason in relation to delay caused for taking out notice of motion and for filing her written statement in the matter. In the facts of matter, in the interest of justice and equity, it is unjust to deprive defendant from contesting the matter on merits on technical counts. Therefore, considering the reasons assigned by defendant, in the interest of justice I am inclined to allow notice of motion by imposing certain costs upon her. Hence, pass following order
ORDER
1. Notice of Motion No.3647 of 2019 is allowed and made absolute in terms of prayer clauses (a) to (c) subject to payment of costs of Rs.3000/- (Rupees Three Thousand only) to plaintiff within period of two weeks from the date of this order.
Defendant is at liberty to deposit costs payable to plaintiff in the court.
2. On payment of costs, written statement of defendant be taken on record and marked exhibit.
3. Accordingly, notice of motion is disposed off.
Adjourned for direction to 19.12.2019
Nature Of Disposal: ALLOWED
Disposal Date: 25-11-2019