Interim Order 4

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT - 36
IN
R.A.D. SUIT NO. 163 OF 2025
[MHSCA3-000419-2025]
Mr. Cedric Nazareth D’Costa, ...Plaintiff.
Versus
1. Mrs. Lydia Agnes Dias & Ors. ...Defendants.
Appearance :-
Lulia D.J. Ld. Advocate for the plaintiff.
Anthony D’silva Ld. Advocate for the defendant.
Coram : L.B.M.M.A. Syed,
Judge, C.R.No.35 (B.B.),
Date : 11.03.2026
O R D E R :
The present application is filed by the defendant No. 5 for
condition in delay in filing written statement.
2. It is the contention of the defendant that, defendant No.5
is temporarliy abroad, therefore there was an issue to get
documentation as well as appointment of advocate. Therefore, he is
unable to finalise the written statement. It is further submitted that,
defendant no.5 has good case in hand. The suit filed by the plaintiff is
false. It is further submitted that, if the written statement is not taken
on record, the defendant will suffer irreparable loss. Hence,
defendant No.5 prayed to allow the application.
3. The plaintiff has filed the reply overleaf of the application
and strongly objected the same. It is further submitted by the plaintiff
that, the application is not maintainable and no sufficient ground has
mentioned. Hence, plaintiff prayed to reject the application.
/home/steno35/Desktop/1. L. M. Syed Court Room NO.35/1.March-2026/Orders/11-03/Group order/Exh 36 RAD 163 of 2025 delay
condonation in filing written statement.odt
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4. Heard both the sides. Perused the record and proceeding.
Considering the reasons for delay mentioned in the application, delay
is required to be condoned and written statement of defendant No.5
as to be taken on record. If this application is rejected then in such
contingency the defendant No.5 would suffer loss as he could not
take his defence. Moreover, to put the suit at stake and to decide the
suit on the merits, an opportunity has to be granted to the defendant
No.5 to lead her defence. The reason for the delay, appears to be
bonafide. Therefore, the delay caused in filing written statement
being not intentional, and deserves to be condoned. Hence, I pass the
following order :
:: ORDER ::
1. The application is allowed.
2. Delay of 164 days in filing written statement of the defendant
No.1 is hereby condoned.
3. The defendant No.5 is allowed to adopt the written statement
of the defendant No.2.
(Dictated and pronounced in open court)
(L.B.M.M.A. Syed)
Date : 11.03.2026 Judge, C.R.No.35(B.B.)
Order dictated on : 11.03.2026.
Order checked and signed on : 11.03.2026.
/home/steno35/Desktop/1. L. M. Syed Court Room NO.35/1.March-2026/Orders/11-03/Group order/Exh 36 RAD 163 of 2025 delay
condonation in filing written statement.odt
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