Date: 02-01-2020
Business: Adv. Mr. Parth Zaveri for plaintiff present.
Adv. Mr. Girish Pawar for deft. nos.7(a) and 7(b) present.
Ld. counsel for plaintiff seeks time to file reply to N/M no.4136/19. Time is granted.
Ld. counsel for deft. nos.7(a) and 7(b) seeks time to tender registered N/M.
The matter is adjd for N/M reply to 21.02.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 11.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: None present.
The matter is adjd for reply of plaintiff on N/M no.4136/19 to 18.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Parth Zaveri for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file reply to N/M of deft. nos.7(a) and 7(b). Granted.
The matter is adjd for reply to N/M to 15.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 29/07/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 28.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Fayaz Khan for plaintiff is present.
None for defendant.
On 17.10.2019, the pursis is filed vide Exh.4 stating that the defendant no.7(a) is expired. The Ld. Adv.for the plaintiff has submitted that they do not intend to bring LRs of defendant no. 7 (a) on record. Hence, considering this submissions the suit stands abated against defendant no.7(a) being dead.
Order below N/M No. 4136/19
This notice of motion is taken out by defendant no.7(b) for setting aside order dtd. 19.06.2019 and for grant of an opportunity to file written statement on record. The notice of motion is supported by an affidavit. The plaintiff has strongly opposed the notice of motion by filing say on it. I have heard Adv.for the plaintiff. I have perused the order passed by Ld. Predecessor on 19.06.2019. As per record defendant no.7(b) was served with the writ of summons and he has appeared before the Court on 31.10.2018. Defendant no.7(b) is came on record after death of defendant no. 7. In affidavit in support of notice of motion para no.2 shows that Adv.for defendant no.7(a) was not well. It is also submitted that meanwhile the defendant no.7(a) has expired. In my opinion genuine reasons mentioned in para no.2 to 5 for granting one opportunity to defendant no.7(b) to contest the suit on merits by filing written statement. Even otherwise it is the trite law that for any mistake on part of the advocate, the litigant should not suffer. Therefore in my opinion subject to payment of cost and specific directions that the written statement be placed on record on next date would suffice the purpose. As the suit is proceeded ex-parte against other defendants, certainly no prejudice is caused to the plaintiff if this notice of motion is allowed. Hence, I pass the following order-
ORDER
Notice of Motion No. 4136/19 is allowed and made absolute interms of prayer clause (a) and (b) subject to following two conditions-
i) The defendant no.7(b) shall pay the cost of Rs.2000/- to the plaintiff.
ii) The defendant no.7(b) shall file written statement on record on next date positively.
Notice of Motion is disposed of accordingly
Nature Of Disposal: ALLOWED
Disposal Date: 28-09-2021