Order 2

Order Details: Order on Exhibit
Pdf Text: 1 RAD2002021Exh19cond delay.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 19
IN
R.A.D. SUIT NO.200 OF 2021
(CNR : MHSCA30003962021)
Smt. Firdaus Fatema Azadar Abbas … 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
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