Date: 04-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 14.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None present.
The matter is adjd for N/M reply to 05.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Mule for plaintiff present.
Advocate to file seeks time to file to N/M Granted as a last chance.
The matter is adjd for N/m hearing to .06.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv. Bhavika h/f. Adv. Kishor for plaintiff present.
Adv. Sanjay Khale for deft. nos.1 and 2 present.
Deft. no.2 present.
ORDER IN N/M NO.4963/2019
By this N/M, deft. nos.1 and 2 seeks leave of the Court to tender written statement by condoning the delay. Heard.
Ld. counsel for deft. nos.1 and 2 submitted that the defendants have raised the issue of jurisdiction of this Court by preliminary objection under section 9-A of C.P.C. dated 28.07.2016. By virtue of ordinance dated 27.06.2018, the provisions of 9-A were repealed. On 12.10.2018, this Court proceeded without written statement of defendants. The delay is not deliberate and prayed for condoning the delay.
Plaintiff denied the contention of the defendants. It is the contention of plaintiff that it is inordinate delay of about more than 1000 days. Defendants have not given any cause for condoning the delay.
On perusal of record, it is apparent that defendants have filed application (Exh.3) u/s.9-A of C.P.C. The court vide order dated 05.03.2018 framed preliminary issues. The Court further by order dated 11.09.2018 held that the provisions of section 9-A of C.P.C. have been repealed and therefore, preliminary issues would be tried along with the other issues and subsequently on 12.10.2018, the suit was proceeded without written statement of defendants.
It appears that the defendants were bonafidely contesting the suit on the count that this court has no jurisdiction. But, in view of the development of repealing of section 9-A of C.P.C, they were unable to pursue their preliminary objection. Even, their right for the same was merged for deciding at the time of deciding the suit on merits. Thus, it appears that the reason assigned by the defendants is just and probable. But in-spite of the same, the defendants ought to have filed the written statement after 11.09.2018.
Be that as it may, there should not be hyper-technical and pedantic approach in dealing with such type of N/M. The evidence is not yet started. Substantial rights of the parties are involved. It would be in the interest of parties, if the matter is decided on merits. No prejudice would be caused to the plaintiff, if the defendants are permitted to put their defence. Plaintiff can be compensated by way of reasonable cost. Hence, in the interest of justice, it is expedient to pass the following order.
ORDER
1. N/M No.4963/2019 is made absolute in terms of prayer clause (a) to (d) subject to cost of Rs.2,000/- to be paid to the plaintiff within four weeks from today.
2. On payment of cost, the written statement annexed with N/M be taken on record.
Nature Of Disposal: ALLOWED
Disposal Date: 06-03-2021
