Interim Order 1

Order Details: Order on Exhibit
Pdf Text: : 1 :
IN THE COURT OF SMALL CAUSES AT MUMBAI
(Bandra Branch)
ORDER BELOW EXHIBIT NO. 10
IN
R.A.E. Suit No. 360 of 2024
[ CNR No.:- MHSCA3-001041-2024 ]
1. Shri Shishir Pravin Mavani … Plaintiff
Versus
1. Shri Pravin Purshottam Yadav & Ors. … Defendants
Sanjivani Agawane, Ld. Advocate for Plaintiff.
M/s. Ariha Legal , Ld. Advocate for Defendant No.2.
Coram : Smt. J. D. Hushangabade
Judge, C.R. No. 40,
Date : 22nd April, 2025.
:: ORDER ::
This is an application filed by defendant No.2 for
condonation of delay in filing of the written statement on record by
condoning delay of 30 days. The defendant has submitted in their
application that, the delay has been caused in filing the written
statement within statutory period and it may kindly be condoned on
account of reasons stated in the application.
2. On the other hand, plaintiff strongly objected to the present
application by filing say on the same and contended that no reasonable
cause made out in the application for condonation of delay in filing
written statement.
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3. Perused application and reply. Heard both sides. On perusal
of record and proceeding it reveals that defendant have received the
writ of summons on 15/01/2025 and present application is filed on
13/03/2025. Hence, it is clear from the record that written statement is
placed on record within 90 days from the date of service of suit
summon but not within 30 days contemplated under Order VIII Rule 1
of Code of Civil Procedure, 1908. Defendant suppose to file written
statement within stipulated period of time, but due to medical issue of
one of the family members and he had to travel out of town for the
same, therefore, written statement could not be filed on time and
caused delay. The grounds mentioned by defendant for condonation of
delay appears to be reasonable and just one. The delay on the part of
defendant can be compensated by imposing justifiable costs. It is settled
principle of law that equal opportunity of being heard should be
granted to both the parties. Therefore, if defendant is permitted to file
written statement by condonation of delay, it will not cause any
prejudice to the rights of plaintiff. Moreover, the defendant has filed his
written statement along with said application on record. If the
application is allowed, the subject matter of the suit will be decided on
merits. Hence, in the interest of justice, I proceed to pass following
order :-
:: O R D E R ::
1. Application at Exh.10 is allowed subject to
costs of Rs.300/- payable to the plaintiff on
or before next date.
2. Delay of 30 days for filing written statement
is hereby condoned.
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3. Upon compliance of payment of costs of
Rs.300/- written statement of defendant No.2
be taken on record.
4. Both parties to take note of this order.
( J. D. Hushangabade )
Date : 22/04/2025. Judge, C.R. No. 40
Order dictated & Typed on : 22/04/2025.
Order checked & signed on : 24/04/2025.
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