Interim Order 1

Order Details: Order on Exhibit
Pdf Text: 1 RAE-329-2023-Exh-12-cond of delay.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 12
IN
R.A.E. SUIT NO.329 OF 2023
(CNR : MHSCA3-000695-2023)
Mr. Surendra Khurdhan Pasi … Plaintiff
V/s
Mr. Shambhunath Sitaram Jaiswal ... Defendant
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 27.10.2023
ORAL ORDER :
This is an application filed by defendant for condonation
of delay caused in filing written statement.
2. The plaintiff has resisted the application by filing reply
and prayed to reject the application with costs.
3. Heard both sides. Perused record. At the outset, it is
essential to mention here that the provisions of Order VIII Rule 1 of
Code of Civil Procedure, 1908 are directory and not mandatory in
nature. Hence, delay can very well be condoned by this Court. By this
suit, the plaintiff is seeking eviction of defendants from the suit
premises. In such circumstance, the valuable civil rights of the
defendant are involved in this matter. In such circumstances, in order
to adjudicate the matter on merits, it would be just and proper to
permit the defendant to file his written statement by condoning the
delay caused in filing the same. More so, the inconvenience caused to
plaintiff due to the delay, can very well be compensated in terms of
costs. Hence, considering all these aspects, the following order :
/home/steno37/D. P. Kasat - Judge/ORDER/Oct 2023/RAE-329-2023-Exh-12-cond of delay.odt
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2 RAE-329-2023-Exh-12-cond of delay.odt
ORDER
1. Application is allowed and delay caused in filing
written statement is hereby condoned subject to
costs of Rs.200/- payable to plaintiff on or before
next date.
2. Costs condition is precedent.
Sd/-
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
27.10.2023
Dictated on : 27.10.2023
Checked & signed on : 27.10.2023
/home/steno37/D. P. Kasat - Judge/ORDER/Oct 2023/RAE-329-2023-Exh-12-cond of delay.odt
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