Order 2

Order Details: Order on Exhibit
Pdf Text: ..1.. Exh19 in RAE&R Suit No.53 of 2021
CNR No.MHSCA30000712021
IN THE COURT OF SMALL CAUSES AT MUMBAI
BANDRA BRANCH
ORDER BEL OW APPLICATION ( EXHIBIT NO.19)
IN
R.A.E.&.R. SUIT NO.53 OF 2021
Mr. Ranjit Singh Chandhok ...Plaintiffs
Vs.
Mr. Bhagwandas Santani ...Defendant
Advocate for the plaintiff : Adv. Joseph Fernandes.
Advocate for the defendant : Adv. S. S. Mahadik holding for
Adv. M. A. Chandan.
Coram: G. J. Shrisunder, Judge.
C.R.No.32.
Date: 28.09.2021.
ORDER BELOW APPLICATION( EXHIBIT NO.19):
1. The defendant has filed an application to condone the
delay of 184 days (but the defendant has mentioned that there is a
delay of 156 days vide Exhibit No.21 ) for filing his written statement
as the defendant is served with the suit summons on 11.02.2021. He
has contended that he is aged 65 years. Due to lockdown as per the
Government notification and due to his old age, he had already
restricted his movements and was rarely going out during Covid19
period. As per his instructions his Advocate drafted the affidavitin
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..2.. Exh19 in RAE&R Suit No.53 of 2021
reply to the injunction application filed by the plaintiff on
18.02.2021. His daughter was tested corona positive in the month of
February 2021. Hence, he has prayed that the delay of 184 days for
filing his written statement may kindly be condoned by accepting his
written statement on record.
2. The plaintiff has filed his reply vide Exhibit No.20 and
combated the application. It is contended by the plaintiff that there
is a delay of more than 120 days for filing the written statement by
the defendant and hence in view of Order VIII Rule 1 of the Code of
Civil Procedure, the application deserves to be dismissed with costs.
3. The defendant has filed rejoinder vide Exhibit No.21 and
reiterated the averments made in the application vide Exhibit No.19
and denied the contentions raised in the reply filed by the plaintiff.
4. Heard both the sides.
5. Considering the application filed by the defendant, reply
filed by the plaintiff, the Court has gone through the record and
proceeding of the matter and hearing both the sides, it is clear that as
per Bailiff report the suit summons is served on the defendant vide
Exhibit No.10 on 11.02.2021. It is clear that though the defendant
had appeared in the matter earlier, but could not file his written
statement within time i.e. within 30 days from the date of service of
summons on him. The Court do found substance in the application
of the defendant that he is old age person having 65 years age and
due to Covid19 period he could not contact the Advocate in time.
Further, the Court do found substance in the argument of the
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Learned Advocate for the defendant that the Hon'ble Supreme Court
has issued necessary directions in respect of taking into consideration
the matters relating to the limitations. This Court think it proper to
condone the delay of 184 days for filing the written statement by the
defendant. It is the settled principle of law that an opportunity of
hearing should be given to each and every party to the lis. If, this
application is allowed then no prejudice will be caused to the
plaintiff. On the contrary, it will help the Court to adjudicate the suit
on merit. This Court do not think it proper to grant costs of the
application only because of pandemic situation of Covid19. In the
result, this Court pass the following order:
: ORDER :
1. The application vide Exhibit No.19 is allowed
by accepting the written statement of the
defendant vide Exhibit No.22.
2. Costs in cause.
3. Both parties to note the order.
Bandra Mumbai. ( G. J. Shrisunder )
Date : 28.09.2021 Judge, C. R. No.32
Order dictated on: 28.09.2021
Order typed on: 28.09.2021
Order checked & signed on: 28.09.2021
/home/steno32/Documents/September-2021/Exh-19 in R-R Suit No.53-21 delay in w.s..odt
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