Final Order 1

Order Details: Notice of Motion
Pdf Text: Notice of Motion No.4014/2019 ..1.. In S.C.Suit No.2515/2014
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
NOTICE OF MOTION NO. 4014 OF 2019
IN
NOTICE OF MOTION NO. 3528 OF 2014
IN
S.C. SUIT NO. 2515 OF 2014
CNR NO :- MHCC01-011065-2019
Mrs. Rohini w/o Suresh Saini Nee,
Miss. Rohini Khandu Jadhav,
Age : 39 Years, Occu. : Housewife,
Residing At : Ground Floor,
Room No. 211, Ambedkar/Ambejar Chawl,
Ganesh Nagar Society, Sainath Nagar Road,
Golibar Road, Ghatkopar (West),
Mumbai - 400 086. ...Plaintiff
Versus
Mr. Deepak Khandu Jadhav,
Age : 44 Years, Occu. : Service,
Residing At : Room No. 245,
Aminabai Chawl, Ganesh Nagar,
Golibar Road, Ghatkopar (West),
Mumbai - 400 086.
Presently in back side Room on
upper floor of Room No. 211,
Ambedkar/Ambejar Chawl,
Ganesh Nagar Society, Sainath Nagar Road,
Golibar Road, Ghatkopar (West),
Mumbai - 400 086. ...Defendant
Appearance :-
Ms. Karuna Yadav, Advocate for the Plaintiff.
None for defendant.
CORAM : HIS HONOUR JUDGE
SHRI AJIT N. MARE (C.R.No.3)
DATE : 25TH FEBRUARY, 2021.
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Notice of Motion No.4014/2019 ..2.. In S.C.Suit No.2515/2014
ORAL ORDER
Perused. Heard.
2. The plaintiff has sought setting aside of dismissal of notice
of motion No. 3528/2014 for want of prosecution and also has prayed
to condone the delay in taking out present notice of motion.
3. In brief, the Plaintiff’s contention is that, her earlier
advocate did not look after the matter properly. On the date of dismissal
of earlier notice of motion i. e. on 28.01.2019 he informed the plaintiff
that the Court is not sitting on that day and that she should not come to
the Court. Relying on said information the plaintiff did not come to the
Court and on same day the Court has dismissed the notice of motion for
want of prosecution. The plaintiff enquired with her advocate about the
next date in the matter, but he did not give any response. Therefore,
she could not attend on next date i. e. 26.04.2019. Till July, 2019 she
did not get further information, though she contacted the advocate
repeatedly. Therefore, she contacted her present advocate, who
informed her that, earlier notice of motion is dismissed. Therefore, she
had taken out present notice of motion. There is delay of 210 days.
However, it is not deliberate as she was not having knowledge of the
dismissal of earlier notice of motion for want of instructions from her
earlier advocate.
4. The defendant has failed to file reply to the notice of
motion and by an order dated 04.03.2020 my Predecessor has directed
that this notice of motion shall proceed without the reply of the
defendant.
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Notice of Motion No.4014/2019 ..3.. In S.C.Suit No.2515/2014
5. Proceedings do indicate that, on 26.01.2018 the plaintiff’s
advocate did not appear and the plaintiff had to appear in person and
inform the Court that her advocate has left the Court, as he was not
feeling well. Thus, the
roznama dated 26.10.2018 supports her
contention in affidavit in support of the notice of motion. It is the
picture by and large that, the parties to proceedings in the Courts are
dependent on the advocate’s advice and assistance in order to proceed
with the case in the Courts. If they do not get proper information of the
proceedings and instructions from their advocate, they are unable to
proceed with the case on their own. Considering this aspect and the
unchallenged statements in the affidavit in support of notice of motion,
I hold that, the plaintiff has made out a case to condone the delay and
to restore the notice of motion No. 3528/2014 dismissed for want of
prosecution. Hence, following order :-
ORDER
1. Notice of Motion No. 4014/2019 is made absolute
in terms of prayer Clause (a) and (b).
2. The delay of 210 days in taking out present notice
of motion is condoned.
3. Notice of Motion No. 3528/2014 is restored to its
original stage.
4. Costs in cause.
(AJIT N. MARE)
Judge,
Date : 25.02.2021 City Civil Court, Gr. Mumbai.
Dictated On : 25.02.2021
Transcribed on : 26.02.2021
HHJ Signed on : 01.03.2021
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Notice of Motion No.4014/2019 ..4.. In S.C.Suit No.2515/2014
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
UPLOAD DATE TIME STENOGRAPHER NAME
01.03.2021 4.58 p.m. Mahendrasing D. Patil
(Stenographer (Grade-I)
Name of the Judge H.H.J. SHRI. AJIT. N. MARE
(Court Room No. 3)
Date of pronouncement of Order 25.02.2021
Order signed by P. O. on 01.03.2021
Order uploaded on 01.03.2021
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