Order 1

Order Details: Order on Exhibit
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IN THE SMALL CAUSES COURT AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 10
IN
R.A.E. SUIT NO. 245 OF 2026
(CNR No. :- MHSCA3-000584-2026)
1. Shri. Dilipkumar Ramkishore Shukla and Anr. … Plaintiffs.
V/S
1. Mr. Jayantilal Valjibhai Solanki and Ors. … Defendants.
Mr. G. S. Yadav, Ld. Advocate for the Plaintiffs.
Coram : Mr. N. R. Gajbhiye, Judge
Court Room No. 33 (B.B.)
Date : 20th August, 2026.
ORDER
Defendant Nos. 1 to 3 have filed an application for
extension of time to file their written statement till next date.
2. The Ld. Advocate for plaintiff opposed the application on
the ground that, the statutory period of 30 days for filing the written
statement is already lapsed and beyond that, defendants have to file
an application for condonation of delay.
3. Perused the application and oral submission made by the
plaintiff. Order VIII Rule 1 of the Code of Civil Procedure contemplate
that, 30 days time is given to the defendant to file written statement
after service of summons but, which may be extended to 90 days.
Therefore, automatically 30 days does not bar defendants from filing
the written statement unless the further period is extended with the
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lieu of the Court. Therefore, I am of the view that, before expiry of 30
days if the Court has extended the time, not beyond 90 days from the
date of service of summons, then application for condonation of delay
is not necessary. Therefore, considering the reason mentioned time to
file the written statement by defendants is extended till next date.
(N. R. Gajbhiye)
Date : 20/08/2026 Judge, C. R. No.33(B.B.)
Order dictated on computer and typed on : 20/08/2026.
Order checked and signed on : 20/08/2026.
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