Full Order Text
Order 4 · 28 Oct 2021 · CNR MHSCA30003942021
Order Details: Order on Exhibit Pdf Text: 1 RAD1982021Exh25cond delay.odt IN THE COURT OF SMALL CAUSES AT MUMBAI (BANDRA BRANCH) ORDER BELOW EXHIBIT 25 IN R.A.D. SUIT NO.198 OF 2021 (CNR : MHSCA30003942021) Mrs. Jayshree Prahalad Nagpal … Plaintiff V/s Katra & Sons and ors. ... Defendants Coram : S. D. Chavan, Judge, C.R.No.37 (B.B.), Date : 28.10.2021 ORAL ORDER : This is an application filed by defendant No.2 for condoning the delay in filing of written statement. 2. It is contended that mother of defendant No.2 was suffering from chronic cancer and was bed ridden since last many years. Defendant was the only person to look after the day to day well being of his mother. But unfortunately she died on 17.09.2021. The death certificate is annexed with the application. Due to said reason, there is delay of 102 days in filing of written statement. There is no deliberate delay. After sad demise of mother, he went to Uttar Pradesh for vedic rites and rituals as per Hindu Mythology. So, he could not file written statement within time. Hence, it is prayed that delay may be condoned and written statement be taken on record. He has produced all medical certificates alongwith the application. 3. Plaintiff has objected the application contending that the /home/steno37/S. D. Chavan - Judge/Orders/Oct-2021/RAD-198-2021-Exh-25-cond delay.odt ask -- 1 of 2 -- 2 RAD1982021Exh25cond delay.odt defendant has appointed the advocate on 14.07.2021 and summons is served on 22.06.2021. In last, he submitted that application may be allowed by imposing costs. 4. Heard learned advocate for both sides. 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. The grounds mentioned in the application do appeal me. Considering the above mentioned 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. Thereafter, written statement of defendant No.2 be taken on record. (S. D. Chavan) Judge, C.R.No.37 (B.B.) 28.10.2021 Dictated on : 28.10.2021 Checked & signed on : 28.10.2021 /home/steno37/S. D. Chavan - Judge/Orders/Oct-2021/RAD-198-2021-Exh-25-cond delay.odt ask -- 2 of 2 --