Full Order Text
Order 1 · 04 Nov 2023 · CNR MHSCA30008022022
Order Details: Order on Exhibit Pdf Text: 1 IN THE SMALL CAUSES COURT AT MUMBAI ( BANDRA BRANCH ) ORDER BELOW EXHIBIT NO. 11 IN R. A. E. & R. SUIT NO. 590 OF 2022 C. N. R. NO. MHSCA30008022022 1. MRS. PHILOMENA MERLYAN MACHADO & ORS. …PLAINTIFFS V/S MR. ABDUL LATIF …DEFENDANT ******** Ms. Eventa A. Gonsalves/Mr. Reyden L. Gonsalves, Advocates for Plaintiffs. Mr. R. L. Dubey, Advocate for Defendant. ******** Coram : V. G. Upadhye, Judge Court Room No.33 Date : 04th November 2023 ORDER . This is an application filed by defendant for setting aside ‘no written statement’ order dated 23.06.2023 passed against him. 2. The plaintiffs have strongly opposed this application by filing say at Exh.12. 3. Heard both sides. Perused case record. 4. It is contended in the application that the defendant after entering his appearance in this case was required to visit his native place. Therefore, he was out of town. So also, he could not collect /home/steno33/Desktop/Exh 11 in RAE R 590-2022.odt -- 1 of 2 -- 2 the requisite document for preparation of his written statement. Therefore, delay is caused in filing written statement. He may be allowed to submit his written statement by condoning the delay of about 119 days. 5. The defendant also gave the reason for delay that he is suffering from uncontrolled diabetes and hypertension. From last two to three years, he is not keeping good health. Therefore, in the interest of justice, his application be allowed. 6. The reason given for the delay is not at all justifiable as sufficient opportunity was given to the defendant to file his written statement. However, in order to give a fair chance to the defendant to file his written statement in this case in order to decide the matter on merits and to avoid multiplicity of litigation, I am inclined to pass following order : ORDER 1 Application at Exh.11 is allowed subject to cost of Rs.1,000/- (Rupees One Thousand Only) to be paid to the plaintiffs. 2 No written statement order dated 23.06.2023 is set aside and defendant is permitted to file written statement. ( Dictated and pronounced in open Court. ) ( V. G. Upadhye ) Date : 04.11.2023 Judge, C. R. No.33 Order dictated on : 04.11.2023 Order checked & signed on : 04.11.2023 /home/steno33/Desktop/Exh 11 in RAE R 590-2022.odt -- 2 of 2 --