Final Order 1

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104559/2019
1.Abdul Rahman S/o.Abdul Aziz Fitwalla and Ors. Vs Mr. Mohammed Islam Abdul Salaam
Qureshi and Ors.
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&amp#039s 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&amp#039s
advocate has filed the reply on Notice of Motion itself
contending that Plaintiff has strongly objection for allowing
the Notice of Motion. Heard. Defendant&amp#039s
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&amp#039s 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
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