Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT - 10
IN
R.A.E. SUIT No. 187 of 2025
(CNR No.-MHSCA-30004422025)
MS. R. T. Savla And Sons. ..Plaintiff
Vs
Minaaz Merchant and ors. ..Defendant
Appearance :
M. A. Chandan Ld. Advocate for the plaintiff.
V. S. Kandpile Ld. Advocate for the defendants.
Coram :- Syed L. B. M. M. A.
Judge,
C .R. No. 35 [B.B.]
Date :- 11th November, 2025
ORDER :
The present application is filed by defendant No.2 for
condonation of delay in filing written statement.
2. It is further submitted by the defendant No.2 that, the writ
of summon was served her on 19th June, 2025. It is further submitted
that, as defendant No.2 is senior citizen she could not contacted to any
other tenant of the suit building. It is further submitted that, defendant
No.2 came to know by the other tenants that even other tenants have
also received the summons. It is further submitted that, the son of
defendant No.2 is busy in his day to day affairs therefore, she requested
to other tenants’ advocate about taking his matter also. After
conversation with the advocate, defendant No.2 came to know that, the
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period of 30 is already over and along with other tenants she need to
file application for condonation of delay. It is further submitted that, on
26th August, 2025 through other tenants requested the advocate to
prepare application for condonation of delay in filing the written
statement and after finalizing the same it was submitted on 3rd
October,2025. It is further submitted that, due to aforesaid reason
defendant No.2 could not file the written statement within period of 30
days from the date of service. Hence, prayed to allow the application.
3. The plaintiffs has filed his reply below Exh.15 and strongly
objected the application. It is submitted by the plaintiff that, the
application filed by the defendant No.2 is false, frivolous and devoid of
merits. It is further submitted that, no sufficient and reasonable reason
has been made by the defendant No.2 in the application. It is further
submitted that, defendant No.2 has not produced any documentary
evidence to corroborate his medical health. It is further submitted that,
by appointing the advocate on the very last stage, shows the negligence
of the defendant No.2. Therefore, the defendant No.2 is failed to
establish any sufficient cause for condonation of delay. Therefore,
plaintiff prayed to reject the application.
3. Heard both side Ld. Advocates for the respective parties.
Perused the record and proceeding. The defendant No.2 has filed his
written statement along with this application. However, in my view, both
the parties are entitled to get the justice after getting sufficient
opportunity to contest the matter. There is delay in filing written
statement which is well explained. It appears from the application that,
the delay made by the defendant No.2 is bonafide. The rights of the
parties are put on stake, therefore, to decide the suit on merit an
/home/steno35/Desktop/L. M. Syed Court Room NO.35/November 2025/Misc. Orders/Exh-10 R.A.E. 187 of 2025 11-11-2025 delay condonation in WS.odt
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opportunity has to be granted to contest the suit. Therefore, considering
the grounds mentioned in the application and the period of delay, the
application is liable to be allowed. Hence, in the sequel I pass the
following order :-
:: O R D E R ::
1. The application is allowed.
2. Delay in filing written statement of the defendant No.2
hereby condoned and written statement of defendant No.2
be taken on record.
(Syed L. B. M. M. A.)
Date : 11.11.2025 Judge, C.R. No. 35(B.B.)
Order dictated on : 11.11.2025
Order checked and signed on :11.11.2025
/home/steno35/Desktop/L. M. Syed Court Room NO.35/November 2025/Misc. Orders/Exh-10 R.A.E. 187 of 2025 11-11-2025 delay condonation in WS.odt
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