Final Order 1

Order Details: Notice of Motion
Pdf Text: 40 to 42
09/02/2024
SUIT 331/21
NM 4447/19
NM 4921/19
CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Plaintiff present, his advocate absent.
Adv.Omprakash Pandey a/w Adv.Pramila Prajapati for defendant
No.1 present.
Adv.Nandesh Manek h/f Miss.J.P.Thakkar for defendant No.2
present.
Heard both the sides.
ORDER ON NOTICE OF MOTION NO.4447/2019.
This Notice of Motion No.4447/2019 moved by defendant
No.2 to condone the delay of 7months 3days to file written
statement on the ground that there was summer vacation hence he
could not file written statement. The plaintiff resist the application
on ground that the reason set out in the Notice of Motion is not
justifiable hence prayed reject the same.
During the course of the argument the plaintiff submit that
the proper order may be passed. There is substance in submission
of the plaintiff that the fact that the defendant No.2 is a
businessman and he has to travel is not sufficient to condone the
delay without cost. Considering submission of both the sides and
delay of 213days it would be just and proper to condone the delay
on cost of Rs.2,000/- payable to the plaintiff. Accordingly Notice of
Motion deserve to be allowed in the interest of the justice.
Accordingly following order is passed-
1. Notice of Motion No.4447 of 2019 is allowed in terms of prayer
clause (a) on cost of Rs.2,000/- payable to the plaintiff on or before
next date.
2. The defendant No.2 to submit written statement on or before
next date on record.
3. Accordingly Notice of Motion No.4447 of 2019 is disposed off.
ORDER ON NOTICE OF MOTION NO.4921/2019.
This Notice of Motion No.4921/2019 moved by defendant
No.1 to condone the delay of 6months to file written statement on
the ground that his wife was suffering from illness hence he could
not file written statement. The plaintiff resist the application on
ground that the reason set out in the Notice of Motion is not
justifiable hence prayed reject the same.
During the course of the argument the plaintiff submit that
the proper order may be passed. Defendant No.1 has filed copy of
medical report which says that the wife of defendant No.1 was
suffering from cancer. The medical paper further shows that the
wife of defendant No.1 was suffering from such deceased since
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SUIT 331/21
NM 4447/19
NM 4921/19
September-2018. Therefore it can not be sole ground to say that
due to such reason the defendant No.1 could not file written
statement within time. However it can be taken into consideration
to say that there was reason for the applicant for his absence before
the court. Considering submission of both the sides and delay
6months it would be just and proper to condone the delay on cost
of Rs.1,000/- payable to the plaintiff. Accordingly Notice of Motion
deserve to be allowed in the interest of the justice. Accordingly
following order is passed-
1. Notice of Motion No.4921 of 2019 is allowed in terms of prayer
clause (a) on cost of Rs.1,000/- payable to the plaintiff on or before
next date.
2. The defendant No.1 to submit written statement on or before
next date on record.
3. Accordingly Notice of Motion No.4921 of 2019 is disposed off.
Matter is adj to 26/04/2024 for compliance.
Judge
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