Date: 09-10-2019
Business: Adv. Sambodhi Mane for plaintiff present.
Adv. Usha for defendant present.
Defendant tendered draft notice of motion.
O Leave is granted to register it.
Copy is served on plaintiff.
KB
Plaintiff filed reply on draft notice of motion itself.
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft notice of motion, affidavit in support of it and reply of plaintiffs. Heard respective counsel for parties.
Draft notice of motion is taken out by defendant to condone delay caused in filing written statement. It is contended that delay was caused as defendant was required to collect and procure necessary documents from the respective society for substantiating his pleadings which took some time and because of which delay of 23 days has been caused in filing his written statement. Accordingly, he made prayer in above terms.
Plaintiff opposed notice of motion on the count that delay caused is deliberate on the part of defendant and he has not assigned any valid reason for condoning delay. Accordingly, he prayed for dismissal of notice of motion.
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.
Defendant has given reason that he was required to collect and procure necessary documents from the respective society for substantiating his pleadings which took some time and because of which delay of 23 days has been caused in filing his written statement. Reason assigned by him is sufficient to condone delay caused in filing written statement. Delay caused is not inordinate and it cannot be termed as deliberate. More so, defendant has shown his bona fide by annexing written statement along with notice of motion. In above facts and circumstances I am inclined to allow draft notice of motion in the interest of justice and fair trial with certain costs. Hence, passing following order
ORDER
1. Draft notice of motion is allowed and made absolute in terms of prayer clause (a) subject to costs of Rs.500/- (Rupees Five Hundred only) to plaintiff within period of one week 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. Draft notice of motion be registered for statistical purpose.
4. Accordingly, draft notice of motion is disposed off.
Costs paid by defendant to plaintiff.
Exh.4 - Written statement cum reply to notice of motion along with list of documents filed by defendant t.o.r.
Copy is given to other side.
Earlier order, if any, to continue till next date
Adjd. for framing issues to 19.11.2019
Nature Of Disposal: ALLOWED
Disposal Date: 09-10-2019