Order 1

Order Details: Order on Exhibit
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CNR No.MHSCA30006562021
IN THE COURT OF SMALL CAUSES AT MUMBAI
BANDRA BRANCH
ORDER BELOW APPLICATION ( EXHIBIT NO.18)
IN
L.E.&.C. SUIT NO. 81 OF 2021
Mr. Sanjay Parmanand Mishra ...Plaintiff
Vs.
1. Mr. Manish Shyam Sharma and another ...Defendants
Advocate for the plaintiff : Adv. S. P. Pandey.
Advocate for the defendants : Adv. O. R. Tiwari.
Coram: G. J. Shrisunder, Judge.
C.R.No.32.
Date: 05.04.2022.
ORDER BELOW APPLICATION ( EXHIBIT NO.18):
1. The defendants have filed an application to condone the
delay of 62 and/or 92 days in filing their written statement. They
have contended that the delay was caused due to renovation of their
house, their advocate had gone to his native place during Diwali and
Christmas Vacation and demise of the brother of their advocate.
Hence, they have prayed that due to these reasons, the delay is
caused in filing their written statement and the same may kindly be
condoned by accepting their written statement on record.
2. The plaintiff has given his handwritten say below Exhibit
No.18 and combated the application. The plaintiff has averred that
the delay is deliberate and willful. Hence, the plaintiff has prayed
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that the costs may be imposed.
3. Heard both the sides.
4. Considering the application filed by the defendants,
handwritten say given by the plaintiff below Exhibit No.18, the Court
has also gone through the record and proceedings of the matter and
after hearing both the sides, it is clear that there is a delay in filing
their written statement. This Court think it proper to condone the
delay. It is the settled principle of law that an opportunity of hearing
should be given to each and every party to the lis. If, this application
is allowed then no prejudice will be caused to the plaintiff. On the
contrary, it will help the Court to adjudicate the suit on merit. This
Court do not think it proper to grant costs of the application only
because of pandemic situation of Covid19. In the result, this Court
pass the following order:
: ORDER :
1. Application vide Exhibit No.18 is allowed by
condoning the delay and the written statement
of the defendants is taken on record vide
Exhibit No.19.
2. No order as to costs.
3. Both parties to note the order.
Bandra Mumbai. ( G. J. Shrisunder )
Date : 05.04.2022 Judge, C. R. No.32
Order dictated & typed on: 05.04.2022
Order checked & signed on: 05.04.2022
/home/steno32/Documents/April2022/Exh18 in LE&C Suit No.8121 delay in w.s..odt
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