Date: 11-12-2019
Business: H.H.J. is on training
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Plaintiff and Advocate for plaintiff both are absent.
Adv. Aruna Pandey for defendant present.
Adv.for deft tendered original registered NM 4037/19 alongwith affidavit. t.o.r.
Matter adjd for service affidavit and reply to NM NO.4037/19 on 17/02/2020 at 02.45 pm.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Gaurav Nyayanit for plaintiff present.
Adv. Aruna Pandey for defendant present.
Ex.08 The Ld adv for plaintiff filed affidavit of service along with original writ of summons t.o.r. O- Seen.
The Ld adv for plaintiff filed reply to the NM t.o.r. O- R and R.
KB. LO. At 4.16 pm.
By consent both sides matter adjourned for NM hearing.
Matter adjd for NM hearing to 23-03-2020 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv. Gaurav Dnyani for plaintiff present.
None for defendant.
Today matter is for NM hearing.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for NM hearing to 08-01-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: At 11.25 am
Adv. Gaurav R. Nyayanit for plaintiff present and stated that he will not be able to argue in afternoon session.
Adjd for NM hearing to 23/02/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Nobody present.
Adjd for NM hearing to 09/06/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Date: 18-06-2021
Business: Adv.Gaurav Nyananit for plaintiff present.
None present for defendant.
Due to rise in Covid cases, Adjd to 09.07.2021 for steps.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Adv.Gaurav R.Nyayanit for plaintiff present.
None present for defendant.
On the oral request of Adv.of plaintiff, matter adjd to 26.07.2021 for hearing on NM No.4037/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Both the parties absent. They appears to be element of settlement. Therefore, the matter be kept in Lokadalat. Adjd to 01/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2021
Date: 01-08-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: P.O. is on leave. The matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Gaurav Nyayanit for plaintiff present.
Heard Adv. For plaintiff on N/M no.4037/19.
Deft. and his counsel are absent.
The matter is adjd for hearing/order on N/M No.4037/19 to 23.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None present.
ORDER BELOW N/M NO.4037/19
On 17.08.2021, I have heard arguments of plaintiff on the N/M. Deft. and his counsel are absent since last so many dates. Therefore, I shall proceed to decide present N/M on merits.
This N/M is taken out by deft. praying to set aside no W/S order dated 22.04.2019. It is submitted by the deft. that his elder brother Deep Shrivastav was suffering from various ailments like paralysis. Deep Shrivastav was unable to communicate and bed-ridden for so many days. Deft. was required to take care of his brother. He was mentally and physically depressed.
It is further submitted that summons were received by deft. on 19.01.2019. He was supposed to file written statement on or before 19.04.2019. But, he failed to file written statement due to illness of his brother and therefore, no W/S order came to be passed on 22.04.2019. Present N/M is taken out on 22.10.2019 praying to set aside the no W/S order and condone the delay of 186 days in filing written statement.
Plaintiff by filing reply affidavit strongly resisted N/M. It is contended that avernments in the N/M regarding illness of defendants brother are false. Deft. intentionally failed to file written statement. No defence is available to the deft. Deft. failed to explain delay in filing the written statement. By making these submissions, plaintiff prayed to dismiss the N/M.
Considered the submissions advanced on behalf of both sides. It is not in dispute that deft. received the suit summons on 19.01.2019. He failed to file written statement within stipulated period and therefore, this Court has passed no W/S order on 22.04.2019. Present N/M is taken out on 22.10.2019.
Deft. contended that owing to illness of his brother, he could not file the written statement within stipulated period. But, deft. failed to file on record documents to support his contention regarding illness of his brother. However, considering the principles of natural justice and for deciding the suit on merits, it would be expedient to allow the deft. to file written statement. While doing so, it cannot be ignored that delay in filing written statement caused delay in the hearing of the suit. Therefore, while allowing present N/M, deft. is required to be saddled with costs. In the result, following order.
ORDER
1. N/M No.4037/19 is allowed in terms of prayer clause (a) subject to payment of costs of Rs.5,000/- to be paid to the plaintiff till next date.
2. On payment of costs, written statement be taken on record.
3. N/M No.4037/19 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 23-08-2021