Final Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE COURT OF SESSION FOR GREATER BOMBAY
NOTICE OF MOTION NO.3803 OF 2019
IN
S.C.SUIT NO.6259 OF 2007
Archana Devi .... Plaintiff
V/s
1. Pradipto Alo Sircar & Ors. .....Defendants
APPEARANCE:
Advocate for plaintiff absent.
Advocate Sahil Mahajan for defendant no.1.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 15th October, 2019
ORDER
1. Perused Notice of Motion @ Affidavit. It is submitted by the
defendant no.1 that the plaintiff has filed suit against him before
Hon'ble High Court but later on suit is transferred to the court of
City Civil in the year 2012. It is further submitted that in the
present suit defendant no.1 appeared and handed over entire
paper to his advocate who was generally practicing before Hon'ble
Bombay High Court. He also visited his office on various times. It
is further submitted that advocate had also taken signature of
defendant no.1 for filling certain documents. But failed to tender
written statement. It is further submitted that after transfer suit in
the Court of City Civil defendant no.1 appointed new advocate to
appear in the present matter. However, he was unable to take
search of papers but given intimation to the defendant no.1 that
earlier advocate had filed written statement on record. In fact the
-- 1 of 4 --
2
written statement is not filed. It is further submitted that he failed
to file written statement on record on the ground that his mother
was suffering from Multiple brain stroke and she is hospitalized
and defendant no.1 was taking her care and she was bed ridden
and she was also suffering from various ailment like diabetes and
due to ill health. Defendant no.1 unable to visit to the office of
advocate and delay has been caused for filling written statement.
It is further submitted that the delay which is caused is
unintentional from the side of defendant no.1 therefore, the said
delay may kindly be condoned and defendant may kindly be
permitted to file written statement on record.
2. Copy of Notice of Motion is received by plaintiff on
20.09.2019 however, failed to file reply and therefore, Notice of
Motion is proceeded without say of plaintiff.
3. I have heard Ld. Counsel for defendant no.1 Advocate Hitesh
Mewadia. Perused entire record. Admittedly the present suit is
pending in the Court since 2007. Initially, the plaintiff has filed
suit against defendant before Hon'ble High Court and later on the
said suit had transfered to the Court of City Civil in the year 2012.
It is admitted by defendant no.1 that delay of 2225 days was
caused for filling written statement. As it is not disputed by
defendant no.1 that he has appeared in the suit and also engaged
advocate to defend suit. As per the record Advocate Sahil Mahajan
tendered vakalatnama on 20.06.2014 thereafter, defendant no.1
had failed to file written statement. As per O.VIII Rule 1 of CPC it
-- 2 of 4 --
3
was obligatory on the part of defendant no.1 to file written
statement within 30 days after execution of summons. Provided
that if defendant no.1 failed to tender written statement within 30
days time limit can be extended till 90 days. If the defendant no.1
shows special reasons defendant no.1 filed Notice of Motion on the
basis of ailment of his mother. It is submitted that she was
suffering brain stroke and also suffering from diabetes but
defendant has not filed any medical papers in support of the
reason. It is to be noted here as per the submission of defendant
no.1 delay of 2225 days cause to file written statement and to
condone delay it was upon defendant to explain the delay properly
in the present Notice of Motion the defendant has failed to explain
the delay. Moreover, the reason shown in the Notice of Motion is
not satisfactory or special reasons for considering the delay on the
part of defendant no.1 to file written statement. Under such
circumstances, I am of opinion that under O. VIII R. 1 of CPC does
not permit me to grant permission to the defendant to file written
statement after 2225 days. Hence, I proceed to pass following
order
ORDER
Notice of Motion No.3803/2019 is dismissed with cost.
Date:15/10/2019 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 15/10/2019
Typed on :15/10/2019
H.H.J.Signed on :15/10/2019
-- 3 of 4 --
4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15.10.2019 at 12.20 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
15.10.2019
JUDGMENT/ORDER signed by P.O. on 15.10.2019
JUDGMENT/ORDER uploaded on 15.10.2019
-- 4 of 4 --