Order 4

Order Details: Order on Exhibit
Pdf Text: 1
MHSCA30007072023
IN THE SMALL CAUSES COURT AT MUMBAI
( BANDRA BRANCH )
ORDER BELOW EXHIBIT NO. 25
IN
R. A. E. & R. SUIT NO. 328 OF 2023
Mr. AVDHESH RAMRAJ VISHWAKARMA …PLAINTIFF
VERSUS
1. Shitlaprasad Satyanarayan Sharma & Others …DEFENDANTS
Mr. Dinesh R. Pandey, Advocate for Plaintiff.
Santosh A. Mishra, Advocate for Defendants.
Coram : L.B.M.M.A. Syed, Judge
Court Room No.38
Date : 01st October, 2026
ORDER
This is an application filed at the behest of defendant
No.3 for filing condonation of delay in filing written statement.
2. It is contention of defendant No.3 that he is uneducated
person and residing at address mentioned in the Aadhar Card for
many years. He has no proper knowledge of the present suit filed
against him and the papers and proceedings of the present suit.
Therefore, he could not file any documents or written statement. He
further stated that the papers were handed over to his wife at room
/home/steno38/Desktop/Exh 25 in RAE R 328-2023 filing ws.odt
-- 1 of 3 --
2
No.14 and immediately taken back after the signature on the Bailiff
report and papers. His wife is an uneducated. She has not idea
about what was happened. Thereafter, he approached through his
Advocate and he knows about the order was passed below Exh.1
dated 13.10.2025 due to his absence without written statement of
defendant No.3. Thereafter, he informed his advocate about the
same and said suit was listed on board on 08.12.2025. Thereafter, he
applied for certified copy for entire papers and proceedings on same
day. The defendant knows that room number is wrongly mentioned
as Room No.13.and advised them to bring the Court papers and all
relevant documents required for preparing written statement. As per
the said advised, they handed over all documents and copy of plaint
and suit summons to the advocate. Hence, he prayed to allow the
application.
3. The plaintiff has filed say at Exh.27 and submits that he
has not given any sufficient reason. The summons was duly served
on 26.09.2023 and thereafter, the matter was adjourned for filing
written statement of defendant No.3 but he was not filed written
statement within time. He has not interested to file his written
statement because defendant No.3 is not tenant of suit premises
therefore, he is not interested to file the written statement. On
21.03.2025 as per roznama shown and 08.12.2025 the defendant’s
advocate was present. The defendant has no right to reside in the
suit premises. Therefore, he prayed to dismiss the application with
heavy compensatory costs.
4. Heard learned advocate for both the parties. Perused the
application and say filed. The defendant No.3 has very well the
/home/steno38/Desktop/Exh 25 in RAE R 328-2023 filing ws.odt
-- 2 of 3 --
3
reasons for filing written statement on record. The rights of the
parties are put on stake and therefore, the suit decide on merit would
be proper to allow the opportunity to the defendant No.3 to contest
the suit. But there is a delay of filing the written statement therefore,
the other side has to be compensated in terms of costs which is
quantified to Rs.1,000/-. Moreover, the delay is properly explained by
defendant No.3 and it appears to be justifiable. Therefore, I do not
find any impediment to set aside no written statement order. Hence,
I proceed to pass the following order :
ORDER
1. The application is allowed.
2. The delay of 839 days in filing written
statement of defendant No.3 is condoned
subject to payment of costs of Rs.1,000/-
(Rupees One Thousand Only).
( L.B.M.M.A. Syed )
Date : 01.10.2026 Judge, C. R. No.38 (B.B.)
Order Dictated on : 01.10.2026
Order checked & signed on : 01.10.2026
Order uploaded on : 01.10.2026
/home/steno38/Desktop/Exh 25 in RAE R 328-2023 filing ws.odt
-- 3 of 3 --