Final Order 1

Order Details: Other
Pdf Text: IN THE COURT OF :COURT 14 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104037/2019
M/s. Radiant Fab Vs Ambika Prasad
Date : 23082021
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 bedridden 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
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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 : 23082021
COURT 14 ADDL SESSIONS JUDGE
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