Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N/M 4753/19(Suit 4190/13)
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO.4753/2019
(CNR No.MHCC010129882019)
IN
S.C. SUIT NO.4190/2013
Mr. Subodh Satiram Jaiswar ..Plaintiff
V/s.
1. Smt. Neelam Lalbahadur Jaiswar
2. Mr. Prakash Shyambali Jaiswar
3. Mr. Subhash Shyambali Jaiswar
4. Mr. Sandeep Rajendraprasad Jaiswar
5. Mr.Santosh Rajendraprasad Jaiswar. ..Defendants
Appearance:
Adv. Mr. Surendra Yadav for plaintiff.
Adv. Mr. Santosh Sanjkar for defendant no.1.
CORAM : HHJ Shri V.V Vidwans
C. R. No.03.
DATE : 01.2.2020.
ORAL ORDER
1. Perused Notice of Motion supported by an affidavit of Smt.
Neelam Lalbahadur Jaiswar (defendant no.1) and say filed by plaintiff
to the notice of motion. This notice of motion is taken out by defendant
no.1 for setting aside 'no cross' order as well as 'no WS' order of the
defendant no.1. It is prayed that, the defendant no.1 may be permitted
to place her WS on record, by condoning the delay.
2. I have heard Ld. Counsel for the defendant no.1 and the
plaintiff on the notice of motion.
3. It is submitted on behalf of the defendant no.1 that, the
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husband of defendant no.1 had expired on 01.8.2013, leaving behind
three children. The plaintiff in this case is brother in law of defendant
no.1. The claim in the suit arose out of family dispute and is nothing
but an attempt to take revenge of the defendant no.1 in respect of the
incident, which had taken place on 4.8.2013.
4. Ld. Counsel for the defendant no.1 argued that, the
defendant no.1 is a housewife and alone she has to manage family
affairs. She was having poor financial condition and could not engage
an advocate. Therefore, she had to approach Legal Aid Authority
(DLSA), Mumbai for getting legal assistance and appointment of
advocate at government's expense. She could not collect relevant
documents within time and therefore, could not represent her case
before the court and this court has passed 'no cross' order and also
proceeded without WS of defendant no.1 on record, vide orders dated
10.12.2014 and 18.3.2017.
5. Ld Counsel for the plaintiff has strongly opposed the
Motion and relied on the say and submitted that, the grounds stated in
the affidavit in support of the Motion are not true and correct. No
explanation is given by the defendant no.1 regarding delay in filing the
WS. The averments regarding incident dated 4.8.2013 is also not
correct. There is no substance in the Motion and it is liable to be
dismissed.
6. Considering the submissions made before the Court and the
facts and circumstances of the case that the dispute in the suit involves
family dispute, the plaintiff is brother in law of defendant no.1. Under
the above circumstances, I am of the opinion that, it will be just and
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proper to give another opportunity to the defendant no.1 to contest the
Suit. Simultaneously, efforts for mediation and settlement are also
being made by Ld. Counsels for both sides. Hence, I proceed to pass
following order : s
ORDER
1. Notice of Motion No.4753/2019 is hereby allowed by
setting aside orders dated 10.12.2014 and 18.3.2017, in
the interest of justice.
2. Defendant no.1 is permitted to submit her WS within
one month by condoning the delay?
Notice of Motion stands disposed of accordingly.
(V.V. Vidwans)
Judge, City Civil Court,
Date: 1.2.2020 Gr. Bombay (C.R. 03)
Dictated on :1.2.2020
Transcribed on :1.2.2020
Signed by HHJ on : 1.2.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ ORDER.
UPLOADED ON : 3.2.2020
TIME: 3.52 pm (NITIN V. UBALE)
SELECTION GR. STENOGRAPHER.
Name of the judge (with Court Room No.) Shri V.V. Vidwans, Judge, (C.R. 03)
Date of pronouncement of Judgment/ Order 1.2.2020
Judgment/ order signed by P.O on 1.2.2020
Judgment/ order uploaded on 3.2.2020
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