Final Order 1

Order Details: Notice of Motion
Pdf Text: CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01)
Adv.Ms.Heena Malik for plaintiff present.
Adv.Ms.Meena Batta for deft No.7 present.
Ld. Counsel for the plaintiff filed reply N/M.
Order -N/M 4805/2019
Heard Ld. Counsel for the deft no.7 and the counsel for the plaintiff.
The Ld. Counsel for the deft no.7 submitted that the deft. no.7 was impleaded as party
defendant by virtue of order in C/S 1719/2015 dated 15.12.2018.
The plaintiff had carried out the necessary amendment on 28.02.2019. She would
submit that it took 3 months for the plaintiff to supply the copy of plaint to the deft
no.7. Meanwhile plaintiff has tendered C/S 651/19 which was allowed vide order
dated 04.09.2019. The amended plaint was served to deft no.7 on 18.09.2019. She
would submit that by virtue of the amendment allegations were made against the
defendant no.7. therefore, the deft no.7 was required to file written statement and
could not file the same within the stipulated time. The deft no.7 prayed for allowing
the N/M.
Per-contra the counsel for the plaintiff vehemently opposed the N/M on the count that
no prayer is sought for condoning the delay for seeking setting aside the order dated
09.10.2019. The deft no.7 has not given any reason for condoning the delay. Mere
statement of the deft no.7 that he was waiting for the decision of C/S 651/19 is no
ground for allowing the present N/M.
No doubt deft no.7 was added as party defendant on 28.02.2019 in compliance of the
order dated 15.12.2018.
There were no allegations against the present defendant. Therefore, the contention of
the defendant no.7 that it was not necessary for him to file written statement appears
to be acceptable. After the amendment in pursuant to the order dated 04.09.2019 in C/
S 651/19 and the supply of the amended plaint the deft no.7 has not filed the written
statement within the period of 30 days. The reason for the same are missing. Although
it is contended by the deft no.7 that it was not deliberate act. The matter is not reached
for evidence. Substantial rights of the parties are involved. There should not be
hyper-technical and pedantic approach in dealing with such type of motions. No
prejudice would be caused to the plaintiff if the written statement of deft no. 7 is taken
on record. Thus in the interest of justice present motion needs consideration. Hence, it
is expedient to pass following order.
Order-
1. Notice of Motion 4805/19 is made absolute in terms of prayer clause (a) and (b)
subject to cost of Rs. 2000/- to be paid by the deft no.7 to the plaintiff within the
period of 2 weeks from today.
2. Payment of cost is subject precedent.
3. On payment of cost written statement be taken on record.
Earlier order if any to continue till next date.
The matter is adjd for compliance to 07.02.2020.
Judge
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