Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Vipul Shukla for plaintiff present.
Adv. Pabale for defendant present and tendered NM 4245/2019.
Order in NM 4245/2019.
Heard.
The Ld. Counsel for the defendant submitted that the plaintiff was literally doing forum hunting.
The defendant appeared in the matter on 14/06/2019 and thereafter it was not possible for the
defendant to appear on several dates. The defendant was under depression as for long time. She was
unable to attend the office as it was difficult for her to leave her daughter. She has submitted that
written statement could not be filed as she was unable to attend the office of advocate. She prayed
for condoning the delay.
The counsel for the plaintiff opposed the NM on the ground that sufficient cause has not been made
out. He would submit that the delay is delebrate and intentional. Hence prayed for rejecting the NM.
I had considered the rival contention. It appears that the reason assigned by the defendant is not just
and probable. Be that as it may, the matter is at initial stage. The plaintiff has not tendered his
affidavit of examination in chief. It would be in the intrest of the parties if the matter is decided on
the merits. No prejudice would be cause to the plaintiff if the written statement is taken on record.
Even otherwise in dealing with such type of petition there should not be hyper technical and
pedantic approach. Considering the same it is just and expedient to pass following order.
ORDER
1. NM 4245/2019 is made absolute in terms of prayer clause (a) and (b) Subject to cost of Rs.
3000/- to be paid by the defendant to the plaintiff within a period of 4 weeks from today.
2. Payment of cost is subject precedent.
3. After compliance of the order written statement be taken on record.
4. NM 4245/2019 is disposed of accordingly.
Adjd for compliance to 20/02/2020
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