Date: 17-01-2020
Business: PO IS ON LEAVE.(Matter pertains to CR-9)
None present for Plaintiff.
Advocate Shri. Mohnish Chaudhari for Defendant No.1 present and filed original registered NM No.4559/2019.
Case is adjourned to 12.02.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Advocate Mr. Mohd. Iftikar Ali for Plaintiff present and filed original writ of summons showing that the writ of summons is served upon Defendant no.1 and 4. Plaintiff\''s advocate sought extension of time to serve writ of summons upon Defendant no.2 and 3. O-Time extended till next date.
Advocate Mohnish Chaudhary for Defendant no.1 present and served copy of NM no.4559/19 upon advocate for Plaintiff.
Heard.
ORDER ON NM NO.4559/19
This Notice of Motion is taken out by Defendant no.1 for condonation of delay of 273 days caused in filing Written Statement.
Defendant no.1 has filed his affidavit in support of Notice of Motion contending that Notice of Motion u/s 9A of CPC was filed by Defendant no.1 in suit no.1375/13. Said Notice of Motion was allowed, preliminary issues were framed in said suit, evidence was laid and this court held that it has no jurisdiction to entertain said suit and plaint was rejected under Order 7 Rule 11 of CPC thereafter, Plaintiffs have filed 3 separate suits against the parties from suit no.1375/13. It is contended that the annextures to the plaint of this suit were served upon Defendant no.2 on 24/01/2019 and hence the delay is caused in filing Written Statement. It is not intentional. Therefore, Defendant no.1 has prayed to allow the Notice of Motion.
Plaintiff\''s advocate has filed the reply on Notice of Motion itself contending that Plaintiff has strongly objection for allowing the Notice of Motion. Heard. Defendant\''s advocate submitted that in two other suits filed by Plaintiff the delay caused in filing Written Statement by the Defendant no.1 in those suits is condoned subject to cost of Rs.5000/- same Defendant no.1 has taken out this Notice of Motion hence if Notice of Motion will be allowed subject to cost of Rs.5000/- no harm will be caused to Plaintiff. It is pertinent to note here that Plaintiff advocate also fairly submitted that as like orders passed in other two suits, this court may consider Defendant\''s request. Considering submissions, I proceed to pass following order-
ORDER
Notice of Motion no.4559/19 is made absolute in terms of prayer clause (a), subject to cost of Rs.5000/- to paid by Defendant no.1 to Plaintiff. It is made clear that, after Defendant no.1 will pay cost to Plaintiff, Written Statement of Defendant no.1 will be accepted and exhibited.
Case is adjourned to 16/03/2020 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 12-02-2020