Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT - 11
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. ..Defendants
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.3 and 4 for
delay condonation in filing written statement.
2. It is further submitted by the defendant No.3 and 4 that,the
writ of summon was served them on 19th June, 2025. It is further
submitted that, as defendant No.3 and 4 are senior citizen they could
not contacted to any other tenant of the suit building. It is further
submitted that, defendant No.3 and 4 came to know by the other
tenants that even other tenants have also received the summons. It is
further submitted that, they requested to other tenants’ advocate about
taking his matter also. After conversation with the advocate, defendant
No.3 and 4 came to know that, the period of 30 is already over and
along with other tenants they need to file application for condonation of
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delay. It is further submitted that, 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.3 and 4 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.3 and 4 is false, frivolous and
devoid of merits. It is further submitted that, no sufficient and
reasonable reason has been made by the defendant No.3 and 4 in the
application. It is further submitted that, defendant No.3 and 4 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.3 and 4. Therefore, the
defendant No.3 and 4 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.3 and 4 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.3 and 4 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-11 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.3 and 4
hereby condoned and written statement of defendant No.3
and 4 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-11 R.A.E. 187 of 2025 11-11-2025 delay condonation in WS.odt
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