Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 4311/19(Suit-866/14)
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.4311/2019
(CNR NO.MHCC010118242019)
IN
S. C. SUIT NO. 866/2014
Shri Ramesh Chandra Shaymlal Shrivastav ..Plaintiff
V/s.
Shri Ramprakash Mewalal Shrivastave and Ors. .. Defendants.
Appearances :
Ld. Adv. S.R Gupta for plaintiff.
Ld. Adv. S.L. Singh for defendant no.1.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 03.
Date : 16.11.2021.
ORDER
1. Defendant no.1 filed instant Motion for condonation of
delay in filing WS by setting aside order dated 14.6.2017 and
permitting him to file WS on record.
2. The Motion is opposed by the plaintiff by filing say. Heard
both sides. Perused notice of motion, reply as well as entire Roznama.
It appears from record that, defendant no.1 has appeared upon service
of notice of motion for injunction filed by the plaintiff. Thereafter, the
defendant attended the matter through his advocate regularly.
3. The defendant no.1 filed reply to the Notice of Motion
No.1374/2014, filed by the plaintiff, in which he has dealt with the
claim parawise. The aforesaid fact goes to show that, the plaint and the
documents were duly served on the defendant no.1.
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2 NM 4311/19(Suit-866/14)
4. It is vehemently argued on behalf of the defendant no.1
that, they were not served with writ of summons and the plaintiff
sought time to serve. I am of the view that, when defendant no.1 was
having knowledge of pendency of the proceeding and also filed their
reply, including reply to the plaint, service of summons is merely a
formality.
5. Ld Advocate for the defendant contended that, the reply
which is filed to the Notice of Motion No. 1374/14 can be treated as his
WS. He has further submitted that, after filing of reply to the Notice of
Motion No.1374/2014, the plaintiff carried out certain amendment and
he may be allowed to file additional WS. I find the request of the
defendant as reasonable one. Thus, I proceed to pass following order:
ORDER
1. Notice of Motion No. 4311/2019 is allowed.
2. The reply filed by defendant no.1 in Notice of Motion No.
1374/2014 shall be treated as his WS and taken on record, and
marked as Exh.4.
3. Defendant no.1 is allowed to file additional WS with respect to
amended portion of the plaint within a period of 30 days from the
date of order.
4. The defendant to bear the costs of Motion.
5. Notice of Motion disposed of accordingly.
Sd/
(A.H.Laddhad)
Judge,
Dated : 16.11.2021 City Civil and Sessions Court,
Dictated on : 16.11.2021 Greater Bombay (CR 03)
Typed on : 16.11.2021
Signed on : 25.11.2021
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.”
25.11.2021 at 2.50 p.m (Nitin V. Ubale)
UPLOAD DATE AND TIME Selection Gr. Stenographer(Gr.1)
Name of the Judge (With Court room no.) Shri A.H.LADDHAD
(C.R. No.3)
Date of Pronouncement of JUDGMENT/ ORDER 16/11/2021
JUDGMENT/ORDER signed by P.O. on 25/11/2021
JUDGMENT/ORDER uploaded on 25/11/2021
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