Final Order 1

Order Details: Notice of Motion
Pdf Text: Adv. Kasar for plaintiff present.
Adv. Tiwari deft. nos.1 and 2 present.
Adv. Pathak for deft. no.4 present.
Adv. Chaudhari for applicant in Ch/sum present.
Registered Ch/sum no.315/21 tendered by counsel for applicant. T.O.R.
Ld. counsel for plaintiff seeks time to file reply to the Ch/sum no.315/21. Granted.
Ld. counsel for deft. nos.1, 2 and 4 seeks time to file reply on Ch/sum no.315/21. Granted.
Adv. for plaintiff filed say on N/M no.4836/19.
ORDER ON N/M NO.4836/19
Heard. By this N/M, deft. no.4 seeks leave of this Court to file written statement beyond the
prescribed period. It is the contention of deft. no.4 that on 15.07.2019, he met deft. no.1 at Mulund
railway station who informed him about the present matter. The deft. no.4 thereafter contacted his
advocate and advocate apprised him about the proceedings. The deft. no.4 informed his advocate
that he has not received the plaint and proceedings in the matter. In-spite of the request of the
advocate of deft. no.4 for supply of plaint and proceedings, those were not supplied to him. After
appearing in the matter, the advocate noticed that the writ of summons was served on deft. no.4.
The deft. no.4 wish to take part in the proceedings, hence prayed for allowing this N/M.
The plaintiff opposed the N/M but no valid ground for opposition is made out and the plaintiff
submitted that in case the N/M is allowed, cost be saddled upon deft. no.4.
The matter was at the initial stage i.e. for hearing of N/M tendered by plaintiff when deft. no.4
appeared in the matter and filed this N/M. Still the matter is for N/M hearing and for the reply to
the Ch/sum filed by the applicant. Substantial rights of the parties are involved. This Court is a trial
Court and deft. no.4 wish to participate in the proceedings which is at the initial stage, therefore,
hyper-technical approach should be avoided. It would be in the interest of the parties if the matter is
heard on merit. The delay in filing written statement can be cured by imposing cost upon the deft.
no.4. Thus, it is expedient to pass following order.
ORDER
1. N/M No.4836/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of
Rs.3,000/- to be paid to the plaintiffs or their counsel on or before next date.
2. Payment of cost is subject precedent.
Written statement tendered by counsel for deft. no.4 is taken on record but the same is not marked
as exhibit. The same would be taken for consideration after compliance of order for payment of
cost.
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