Date: 09-10-2019
Business: Adv. Arun Rajput for plaintiff present.
Adv. Lad for defendant present.
KB
Copy of draft notice of motion is served on plaintiff.
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 plaintiff. Heard respective counsel for parties.
Draft notice of motion is taken out by defendant to condone delay caused in filing written statement and to take the written statement on record. It is contended that delay was caused as defendant was not keeping well and because of which he was not available so could not file written statement within prescribed period and delay of 09 days has been caused in filing his written statement. Accordingly, he made prayer in above terms.
Plaintiff has objected to notice of motion on the count that there was sufficient time available to defendant for filing written statement. 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 not keeping well and because of which he was not available so could not file written statement within prescribed period and delay of 09 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. Hence, passing following order
ORDER
1. Draft notice of motion is allowed and made absolute in terms of prayer clause (a)
2. 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.
Exh.4 Written statement filed by defendant.
Copy is given to other side.
Advocate for plaintiff sought extension of time to get register draft notice of motion Time is extended for four weeks from today.
Pursis filed by advocate for defendant adopting the written statement as reply to notice of motion TOR
Adjd. for NM hearing to 14.11.2019
Nature Of Disposal: ALLOWED
Disposal Date: 09-10-2019