Order 1

Order Details: Order on Exhibit
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(CNR No.MHSCA3-000241-2024)
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.9
IN
R.A.E. SUIT NO.88 OF 2024
M/s. Laxmi Associates .... Plaintiffs
Versus
Mr. Nathalal Vanmali Sukha …. Defendant
Shri. Jitendra G. Damani, Ld. Advocate for the plaintiffs.
Shri. R. S. Yadav, Ld. Advocate for the defendant.
Coram : Shri. S. N. Godbole, Judge.
C.R.No.34 (BB).
Date : 18.01.2025.
ORAL ORDER :-
1. This is an application filed by the defendant for
condonation of 74 days delay in filing the written statement and for
taking it on record.
2. Perused the application and reply Exhibit No.11 filed by
the partner of the plaintiffs. Heard Ld. Advocate for the plaintiffs.
The defendant failed to argue in spite of giving ample opportunities.
Hence, the application is proceeded further without argument of the
defendant as per order dated 18.01.2025.
3. From perusal of record, it reveals that this suit is filed for
eviction and for permanent injunction on the grounds more
particularly mentioned in the plaint. Admittedly, there is delay of 74
days in filing the written statement. The defendant has stated the
reason for non-filing of written statement on oath that due to
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demolition process of BMC on suit property (annexed along with
present application, the copy of notice of cutting basic amenities i.e.
electricity) dated 21.06.2024, he could not contact and engage any
Advocate in the matter and was unable to file his written statement
in the matter in time. The provision under Order VIII Rule 1 of Code
of Civil Procedure, 1908 does not deal with power of Court and also
does not specifically take away power of Court to take written
statement on record though filed beyond the time provided therefor.
Along-with this application, the defendant has filed written statement
on record, which shows that he is going to contest the suit. Therefore,
considering nature of the suit, for deciding the real controversy
between the parties, it is necessary to give an opportunity to the
defendant to put his defence. Therefore, it is just and proper to take
liberal view for condoning the delay. Hence, the delay can be
condoned by imposing cost to the defendant and he can be permitted
to file written statement. Hence, I proceed to pass the following
order:-
ORDER
1. Application Exhibit No.9 is allowed and delay caused
for filing written statement is condoned, subject to
costs of Rs.200/- to be paid to the plaintiffs or to be
deposited it in the Court on or before next date.
2. After payment of the costs, the written statement filed
by the defendant be taken on record.
Place : Mumbai (S. N. Godbole)
Date : 18.01.2025 Judge,C.R.No.34(BB).
Order Dictated & Typed on : 18.01.2025
Order Checked & Signed on : 20.01.2025
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