Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 21
IN
R.A.D. Suit No.240 of 2023
(CNR No. :MHSCA3-000513-2023)
Neval Anjel D’silva ..Plaintiff
Vs
Mr. Sabistain Joran Dsilva ..Defendant
Appearance :
Patel T. R. Ld. Advocate for the plaintiff
Mr. G.C. Singh Ld. Advocate for the defendant
Coram :- P. K. Kharate, Judge
C. R. No. 36 [B.B.]
Date :- 19/10/2024
O R D E R :
Defendant no.4 has filed the application stating that,
the summons is duly served to the defendant no.4 on 21.07.2024.
The Court has passed the Ex-parte order agasint the defendant
no.4 on 28.11.2023. The time limit for filing the written statement
is 20.10.2023. But due to the mother of the advocate of the
defendant admitted in the Hospital at Mulund and the mother of
the partner of defendant no.4 was seriously ill. Hence, he could not
file the written statement within time. Hence, prayed to condone
the delay.
2. The say filed by the plaintiff vide Exh.26 stating that, there is
no satisfactory explanation to condone the delay. The story of
defendant no.4 is concocted story. Hence, prayed to reject the
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application.
3. Heard both side at length.
4. On perusal of the record, it appears that, summons is duly
served to the defendant No.4 on 21.07.2023. The defendant no.4
ought to have file the written statement till 21.10.2023 with
reasons. But present application is filed on 30.03.2024. It means,
There is a dealy of near about more than 160 days. But the reason
mentioned in the application appears to be true one as application
is filed on affidavit. The suit is for declaration of tenancy rights.
The important rights is to be decided between both the parties.
Hence, it is necessary to condone the delay with heavy cost. Hence,
I pass the following order :
:: ORDER ::
1. The application below Exh. 21 is allowed subject to
cost of Rs.5000/- be paid to the plaintiff or to deposit
in the Court till next date.
2. The written statement of the defendant no. 4 is taken
on record after payment of cost.
3. Both parties to take note.
(Dictated and pronounced in open Court.)
(P. K. Kharate)
Date: 19/10/2024 Judge, C. R. No. 36
Judgment dictated and typed on : 19/10/2024
Judgment checked and signed on : 19/10/2024
/home/steno36/Desktop/Oct-2024/19 October/Ex-21-RAD 240 of 2023.odt KCP
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