Interim Order 1

Order Details: Order on Exhibit
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CNR NO.MHSCA-30005392024
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT NO.9
IN
R.A.E. SUIT NO. 210 OF 2024
Mr. Aaron Philip Fredrick D’Almeida . . Plaintiff.
Versus
1. Mrs. Juliana Leo Crasto and ors. . . Defendants.
Coram : D. P. Kasat, Judge
C.R.No.32
Date : 15/10/2024.
ORAL ORDER :
1. Read the application and say at Exh.10. Heard both sides.
Perused record.
2. At the outset, it is essential to mention here that the provisions
of Order 8 Rule 1 of Code of Civil Procedure, 1908, are directory in
nature and accordingly, the delay caused in filing written statement
can very well be condoned. In the present matter, the delay caused
is beyond 30 days but within 90 days from the date of service of
summons. In such circumstances, in order to have the adjudication
of the matter on merits, it would be just and proper to condone the
delay caused in filing written statement. Hence, following order is
passed.
ORDER
1. Application is allowed, subject to costs of
Rs.100/-(Rs. One Hundred only) to be paid to
/home/steno32/Desktop/DPK/Order/Oct-24/E-9-RAE-210-2024 (delay ws).odt
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the plaintiff on or before next date.
2. After compliance of costs condition, the
written statement filed by defendants be
accepted.
Bandra - Mumbai. ( D. P. Kasat )
Date : 15/10/2024. Judge, C.R.No.32.
.
/home/steno32/Desktop/DPK/Order/Oct-24/E-9-RAE-210-2024 (delay ws).odt
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