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Court Order

Final Order 1

CNR MHCC01012256201919 Mar 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 19 Mar 2021 · CNR MHCC010122562019

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 4 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104475/2019
Shri. Joaquim Fernandes - Plff Vs Smt. Josephine Fernandes and Ors.
Date : 19-03-2021
Business : Adv. Dsilva for plff. present. Adv. Diana for deft. present.
K.B. Order on NM No.4475/2019 Perused NM, reply filed
thereto and heard both sides. The instant NM is for setting
aside order dt.14.06.2018 of dismissal of NM No.
1886/2015 and restore the same with previous order dt.
06.05.2015 therein. The other side has taken objection on
the grounds of limitation and maintainability. According to
ld. advocate for the plaintiff the delay is due to the fact that
the previous advocate did not attend the court and did not
inform also to the plaintiff. The party should not be made to
suffer for the inaction of his/her advocate. Therefore, NM is
allowed in terms of prayer clause (a) and (b) subject to the
cost of Rs.1,000/- payable to the defendant before next date.
After payment of cost the NM No. 1886/2015 will be
restored with all previous orders therein. Cost of Rs. 1,000/-
is paid in Court. Therefore, NM No. 1886/2015 is restored.
Adjd. to 05.05.2021 for NM No.1886/2015 Hearing.
Nature of Disposal : ALLOWED
Disposal Date : 19-03-2021
COURT 4 ADDL SESSIONS JUDGE
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