Suvarna Vishwanath DudyalaVsVaraprasad Bhumeshwar Chidurala And Ors

Date: 30-11-2019
Business: Adv. Shivastava for plaintiff present.
He tendered registered NM 4183/19. t.o.r.
Adv. Ravi Chidurala for defendant no 1,3,and 6 present.
He sought time to file reply  Time is granted.
Plaintiff is directed to file affidavit of service relating to defendant no 2,4 and 5.
Adjourned to 13.12.2019 for service and reply.
Next Purpose: SERVICE
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv. Sana Khan for plaintiff present.
Adv. Ravi Chidurala for defendant no 1,3 and 6 present.
He tendered draft NM t.o.r.
O- Leave granted to register it.
Copy is served upon plaintiff.
KB
LO
Heard both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
        Perused draft notice of motion, affidavit in support of it and reply of plaintiff. Heard respective counsel for parties.
        Draft notice of motion is taken out by defendant Nos.1, 3 and 6 to condone delay caused in filing written statement and to take the same on record.  They assigned reason that initially copy of some of the annexures to the plaint which were supplied to them were not legible therefore their advocate wrote letter to the advocate for plaintiff for providing legible copy.    More so, delay has been caused as they had spent time to collect information for filing written statement.  In view of above facts they prayed in above terms.
        Plaintiff leave to the discretion of this Court.
        Before adverting to the facts I would like to mention that it is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
        It is clear that delay caused is not inordinate and more so, it cannot be said to be deliberate.  Reasons assigned by these defendants are sufficient to condone delay caused in filing of written statement and to take the same on record.  Therefore, in the interest of justice and equity I am inclined to allow present draft notice of motion subject to imposition of costs upon defendant Nos.1, 3, and 6.  Hence, pass following order.
ORDER
1.     Draft Notice of Motion is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.1000/- to the plaintiff within period of two weeks from the date of this Order.
        Defendant Nos.1, 3 and 6 are at liberty to deposit costs payable to the plaintiff in the Court.
2.    On payment of costs, written statement of defendant Nos.1, 3 and 6 be taken on record and marked exhibit.
3.      Draft notice of motion be registered for statistical purpose.
4.      Accordingly, draft notice of motion is disposed off.
Adjourned for direction to 18.01.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Ravi Chidurala for defendant Nos.1, 3 and 6 present.
He orally prayed for extension of time to comply order dated 13.12.2019.
O - Time is extended till today to comply said order.
Costs paid by defendant Nos.1, 3 and 6 to advocate for plaintiff who accepted it on behalf of plaintiff.
Draft Chamber summons filed by advocate for plaintiff - t.o.r.
O -Leave granted to register it.
Say filed by advocate for defendant Nos.1, 3 and 6 on draft Chamber summons itself.
Heard both sides on draft chamber summons.
KB
LO
Written statement filed by defendant Nos.1, 3 and 6 through their advocate- t.o.r.
Order passed below draft chamber summons
        Perused draft chamber summons, affidavit in support of it and reply of defendant Nos.1, 3 and 6.  Heard respective counsel for parties.
        Draft chamber summons is taken out by plaintiff to correct the address of defendant Nos.4 and 5 in cause title of plaint by inter changing the addresses mentioned below their names.
    Defendant Nos.1, 3 and 6 objected to the draft chamber summons.
          It seems that plaintiff has wrongly mentioned address of defendant No.4 as address of defendant No.5 and that, address of defendant No.5 as address of defendant No.4.  Thus, their addresses are inter changed in cause title of plaint. It is typographical error and amendment is of formal nature. Therefore, I am inclined to allow draft chamber summons.  Hence, pass following order.
ORDER
1.  Draft chamber summons is allowed and made absolute in terms of prayer clause (a).
2.  Plaintiff has to carry out amendment in above terms within period of two weeks from the date of this order.
3.  Draft chamber summons be registered for statistical purpose.
4.  Accordingly, draft chamber summons is disposed off.
Adjourned for compliance and reply to NM No.4183 of 2019 to 14.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv Sana Khan for plff present.
Adv Ravi Chidhurala for deft no. 1, 3 and 6 present.
Adv for plff tendered draft CS for amendment in the plaint.  Leave granted to register. Copy served to Adv for deft no.1, 3 and 6.
Matter stands Adj for CS and NM reply to 29/02/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv.Ravindra Singh    for plaintiff is present.
Adv. Ravi Chidhurala for defendant no.1,3 and 6 present.
Defendant no.5 reply to chamber summons 329/2020 and notice motion 4183/2019.
Copy given to other side.
Matter stands Adj for hearing on 31.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2020

Date: 31-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 31-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 31-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv Neha Pandey for plff present.
She tendered registered Ch/s No. 329/20.
Matter stands Adj for service to 11.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2021

Date: 04-01-2021
Business: Adv Neha Pandey for plff present.
She tendered registered Ch/s No. 329/20.
Matter stands Adj for service to 11.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2021

Date: 04-01-2021
Business: Adv Neha Pandey for plff present.
She tendered registered Ch/s No. 329/20.
Matter stands Adj for service to 11.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv Sana Khan for plff prsent.
She seeks time for filing affidavit of service.
Matter stands Adj for Affidavit of Service to 08/03/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Shrivastva for plaintiff present. He seeks time to file affidavit of service on defendant no.1, 3 and 6.
Name of defendant no.4 and 5 is already deleted.
Matter stands Adj 26/04/2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2021

Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2021

Date: 26-04-2021
Business: Due to covid-19, matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Due to Covid-19 matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Adv Neha Pande for plff present.
None for deft.
Heard Adv for plff on CS 329/2020.  She submitted that due to typographical mistake, husband\''s name and surname of deft no. 4 is exchanged with deft no. 5 and that of deft no. 5 is exchanged with deft no. 4.
Considering the nature of amendment, CS 329/2020 is allowed and disposed of.
Plff to carry out the amendment within 14 days and served amended copies on deft no. 4 and 5.
Matter stands Adj for Compliance to 29/10/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Neha Pande for plff present.
She seeks time to carry out amendment and serve copy of amended plaint on deft no. 4 and 5.  Granted.
None for deft.
Matter stands Adj for Compliance to 17/12/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: PO is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: P.O. is on leave, matter is adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Advocate Karan Chaudhary for plaintiff present.
None present for defendant.
Matter adjourned for affidavit of service to 06.08.2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2022

Date: 10-06-2022
Business: Advocate Karan Chaudhary for plaintiff present.
None present for defendant.
Matter adjourned for affidavit of service to 06.08.2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 12/10/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: By precipe
Adv.  Sana Khan for plaintiff present.
Plaintiff present.
She filed application Exh 5  seeking permission to withdraw suit.
The defendant no. 1  to 6 are absent since long. Hence permission granted to withdraw suit and following order is passed :-
Order
1) Suit stands withdrawn. No order as to costs. Court fees be return as per rule.
2) Notice of Motion No. 4183/2019 stands disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 27-09-2022

Main Case No: SUIT/0102138/2019
Main Cnr: MHCC010049222019
Main Filing No: 111447

Filing Number: 112119/2019
Filing Date: 13-11-2019
First Hearing Date: 30th November 2019
Decision Date: 27th September 2022
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE