Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0103713/2019
Shri Mangesh Bajirao Pacharane 2. Smt. Lalita Baliram Gaikwad 3. Asha Dagdu Kale Vs
Shri Ramesh Bajirao Pancharane And Ors
Date : 04-05-2023
Business : None present for both sides.
KB
LO at 01.30 pm
Defendant No.2 present.
None present for plaintiff.
Adv.Ravindra Shetty (S/A) for defendant No.1 and 2 present.
ORDER IN NOTICE OF MOTION NO.3713/2019
This motion is taken out by defendant No.1 and 2 requesting
to condone the delay in filing written statement. It is their contention
that the suit summons was served on 29.11.2017. Due to financial
condition the defendants were not able to appoint the advocate. They
were attempting to take legal assistance through legal aid.
Thereafter, defendant No.1 was not feeling well. The defendants
were unable to give instructions to prepare written statement. There
is delay of about 673 days. With these contentions the defendants
have requested to condone the delay and prayed to allow to file
written statement. The motion is proceeded without reply of the
plaintiff. Read the order dated 09.02.2018 the then presiding officer
of the Court directed the Registrar (Civil) to appoint advocate from
legal aid panel for defendant Nos.1 and 2. Therefore there is
substance in the defendants' contention that they were attempting to
take legal aid to represent them in this suit. This motion has been
filed on 04.10.2019. According to the defendants, suit summons
were served on 29.11.2017. Considering the reasons stated in the
motion and also considering the fact that the defendants were
unrepresented, I am of the view that motion shall be allowed. Hence,
I pass the following order.
ORDER
1.Notice of Motion No.3713/2019 is allowed subject to costs of
Rs.2,000/- (Rupees Two Thousand only).
2. Delay in filing written statement by defendant No.1 and 2 is
condoned.
3. Written statement already filed by defendant No.1 and 2, it be
taken on record.
4. Aforesaid costs shall be adjusted in the final bill of costs of the suit.
5. Notice of Motion No.3713/2019 is disposed of accordingly.
COURT 62 ADDL SESSIONS JUDGE
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