Final Order 1

Order Details: Other
Pdf Text: 25.11.2019
SU 1398/18
NM 3647/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
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relation to prayer therefore she has withdrawn said notice of motion with liberty to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
Judge
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