Full Order Text
Final Order 1 · 24 Mar 2021 · CNR MHCC010133302019
Order Details: Notice of Motion Pdf Text: NM No.4877-2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.4877 OF 2019 IN S.C. SUIT NO.2108 OF 2013 CNR NO. MHCC01-013330-2019 Shivaji Shankar Agate & Ors. … Plaintiffs Vs. Kashinath Agate & Ors. … Defendant Appearances: Ld. Adv A. K. Moily for the plaintiffs Ld. Adv Abhishek Bhatt for defendants No.1(a) to 1(e). CORAM : HIS HONOUR JUDGE SHRI. R. S. PAVASKAR (C.R.NO.12) DATE : 24th MARCH 2021 ORAL ORDER Defendants No.1(a) to 1(e) have taken out this notice of motion for setting aside the “No cross” order dated 22.10.2018. 2. Heard the learned Advocate for the parties. Perused the record. 3. From the affidavit filed in support of the notice of motion, it is clear that defendant No.1 expired on 02.08.2018 and before his legal representatives were brought on record, the “No cross” order was passed against defendant No.1 on 22.10.2018. Page 1 of 3 -- 1 of 3 -- NM No.4877-2019 4. Indubitably, as per the dated 09.04.2019 in Chamber Summons No.20 of 2019, the legal representatives of the deceased defendant No.1 were brought on record. From the roznama, it is clear that on 10.10.2019, defendants No.1 (a) to (e) adopted the written statement filed by the deceased defendant No.1. The plaintiffs had already closed their evidence. So, the matter was kept for the evidence of defendants No.1(a) to 1(e). 5. Considering the aforesaid facts and in order to give an opportunity to the defendants No.1(a) to 1(e) to refute the plaintiffs’ evidence, to my mind, it is expedient in the interest of justice to give them an opportunity to cross-examine the plaintiffs’ witness by setting aside the “No cross” order dated 22.10.2018. The plaintiffs will get an opportunity to lead further evidence. So, even if the order dated 22.10.2018 is set aside, no prejudice will be caused to the plaintiffs. Accordingly, I hold that the notice of motion deserves to be allowed in terms of the prayer clause (a) and proceed to pass the following order: ORDER 1. Notice of Motion No.4877 of 2019 is made absolute in terms of prayer clause (a). 2. Costs shall be costs in the cause. 3. Notice of Motion No.4877 of 2019 is accordingly disposed of. Sd/- R. S. PAVASKAR Judge, Date : 24/03/2021 City Civil Court, Gr. Bombay Dictated on : 24/03/2021 Transcribed on : 24/03/2021 HHJ signed on : 24/03/2021 Page 2 of 3 -- 2 of 3 -- NM No.4877-2019 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer 25.03.2021 1.44 p.m. ARUN ANNAMALAI MUDALIYAR Name of the Judge (With Court Room No.) HHJ Shri. R.S. PAVASKAR (CR 12) Date of Pronouncement of JUDGE- MENT /ORDER 24.03.2021 JUDGEMENT /ORDER signed by P.O. on 24.03.2021 JUDGEMENT /ORDER uploaded on 25.03.2021 Page 3 of 3 -- 3 of 3 --