Full Order Text
Order 2 · 06 Aug 2021 · CNR MHSCA30003862021
Order Details: Order on Exhibit Pdf Text: 1 RAD1962021Exh18cond delay.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 18 IN R.A.D. SUIT NO.196 OF 2021 (CNR : MHSCA30003862021) Smt. Kanchan V. Parekh … Plaintiff V/s Katra & Sons and ors. ... Defendants Coram : S. D. Chavan, Judge, C.R.No.37 (B.B.), Date : 06.08.2021 ORDER : 1. This is an application filed by defendant No.1.1 for condoning the delay of 23 days in filing of written statement. 2. Read application and say filed thereon. Heard learned advocate for both sides. It is contended that due to Covid 19, defendant No.1 could not file the written statement. There is 11 days delay in filing written statement that may please be condoned. Plaintiff has strongly objected the application and prayed for costs. 3. The provision of Order VIII Rule 1 of CPC is not mandatory in nature but directory in nature. Court can condone the delay in filing written statement. Considering this provision and what transpires during the course of submissions, I am of the judicious and considered opinion that application can be allowed by imposing certain costs. Hence, application is allowed subject to costs of Rs.100/ payable to plaintiff. (S. D. Chavan) Judge, C.R.No.37 (B.B.) 06.08.2021 Dictated on : 06.08.2021 Checked & signed on : 06.08.2021 /home/steno37/S. D. Chavan - Judge/Orders/Aug-2021/RAD-196-2021-Exh-18-cond delay.odt ask -- 1 of 1 --