Date: 20-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. O.P. Tiwari for plaintiff present.
Adv. Vidya S. for deft. nos.1 and 2 present.
Adv. Wasim Khan for deft. no.3 present.
COMMON ORDER IN N/M NO.4844/19 AND 4845/19
Heard. By these N/M\''s, the deft. no.3 is seeking condonation of delay in filing W/S and setting aside without W/S order. Ld. Counsel for deft. no.3 submitted that the counsel could not reach the court in time on 26.11.2019. Later on, the counsel for deft. no.3 came to the court and tendered application to oppose interim relief. Meanwhile, the court has proceeded without W/S and reply of deft. no.3. The counsel for deft. no.3 submitted that there is delay of 110 days in filing W/S and the delay is not deliberate. The deft. no.3 was unable to give instruction to his counsel due to his illness and he had to undergo cataract surgery. Therefore, he seeks leave of this court for filing the W/S after condoning the delay and setting aside no W/S order.
The N/M\''s are vehemently opposed by the plaintiff on the count that the delay is deliberate and intentional. The deft. no.3 wish to protract the hearing in N/M no.2672/18 tendered by plaintiff. The counsel for deft. no.3 had reached the court after the matter was called cannot be the ground for delay. He prayed for dismissing the N/M\''s.
On perusal of the record, it appears that without W/S order was passed on 05.07.2019 but at the time of passing order to proceed without reply to N/M, again the order was passed to proceed without W/S of deft. no.3. The counsel for deft. no.3 might have reached the court after the matter was called but on the same day, deft. no.3 was not ready with W/S. Therefore, the said ground is not justifiable ground.
Be that as it may, the matter is at initial stage. The matter is not cropped up for evidence. The substantial rights of the parties are involved. The deft. no.3 wish to actively participate in the proceeding. In such types of motions, there should not be hyper-technical and pedantic approach. If the W/S is taken on record, no prejudice would be caused to the plaintiff and it would be in the interest of the parties if the matter is decided after giving fair opportunity to the parties to the suit. Thus, in the interest of justice, both N/M\''s need consideration. Therefore, it is expedient to pass the following order.
ORDER
1. N/M No.4844/2019 and N/M No.4845/2019 are made absolute in terms of its prayer clause (a) and (b) subject to the cost of Rs.2,500/- to be paid by the deft. no.3 to the plaintiff within a period of two weeks from today.
2. Payment of cost is subject precedent.
3. On compliance of the order, the W/S be taken on record.
4. N/M No.4844/2019 and N/M No.4845/2019 are disposed off accordingly.
The matter is adjd for compliance and N/M hearing to 11.03.2020.
Nature Of Disposal: ALLOWED
Disposal Date: 04-02-2020
