Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT – 15
IN
R.A.E. SUIT NO. 289 OF 2021
(CNR-MHSCA-3000590-2021)
1. Shri Rakesh Champalal Kothari and Ors. ...Plaintiffs
Versus
1. Mr. Chandresh Gopalji Seth and Ors. ...Defendants
Mr. Lalit V. Jain, Ld. Advocate for Plaintiffs.
Mr. Ranjit Agashe, Ld. Advocate for Defendants.
Coram :- R. N. Bansal, Judge
C. R. No. 36 [B.B.]
Date :- 17/06/2023
ORAL ORDER :
This is an application filed by the defendant no. 2 for
condonation of delay in filing written statement.
2. Perused application and reply filed by the plaintiff. Heard
advocate for both sides. Perused record.
3. It is submitted by the defendant that, on 25/08/2021 he
served with suit summons and accordingly the defendant no. 2 was
appeared in Court. The defendant no. 2 has no knowledge of law
and proceeding and due to negligence of his previous advocate he
could not file written statement in time. So also due to COVID-19
pandemic the defendant no. 2 was unable to file written statement
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within time. The defendant no. 2 has now changed the advocate.
The delay is not intentional or deliberate and caused due to
circumstances beyond his control. Therefore it is prayed that,
delay in filing written statement be condoned and written
statement of defendant no. 2 be taken on record.
4. The plaintiff has filed reply at overleaf and strongly
objected the application. It is submitted by plaintiff that, the
defendant no. 2 has not shown sufficient cause or ground for
delay.
5. On perusal of record it appears that, there is huge delay in
filing the present application. Stipulation envisaged under Order
VIII Rule 1 is mandatory, therefore, it was incumbent upon the
defendant to submit his written statement within the limit as
prescribed in Order VIII Rule 1 of the Code. It is pertinent to
mention here that, the Hon'ble High Court and Hon'ble Apex
Court in various case laws have construed the amendment of
Order VIII Rule 1 of the Code liberally.
6. The defendant has requested that, if he is not permitted to
file written statement, it would cause serious prejudice and
injustice to him. So also it cannot be ignored the settled principle
of law that the substantial justice should not be defeated by any
procedural technicalities. Therefore, for the purpose of deciding
the real controversy in the matter, it is essential to give sufficient
opportunity to the party for defending his case. No prejudice will
be caused to the plaintiff if the application is allowed. The
inconvenience caused to the plaintiff due to delay can be
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compensated by way of cost. Therefore, in such circumstances, it
appears judicious to grant permission to defendant for filing
written statement. Hence, the following order :
: ORDER :
1. The application is allowed subject to cost of
Rs. 1000/- (Rs. One Thousand Only) payable to the
plaintiff on or before next date.
2. Both parties to take note.
(Dictated and pronounced in open Court.)
(R. N. Bansal)
Date : 17/06/2023 Judge, C.R. No. 36
Order dictated and typed on : 17/06/2023
Order checked and signed on : 17/06/2023
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