Interim Order 2

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 36
IN
R.A.E. SUIT NO.364 OF 2024
(CNR : MHSCA3-001075-2024)
Mr. Jaideep Vasudeo Bhagat … Plaintiff
V/s
Mrs. Michelle Almeida ... Defendant
Coram : D. P. Kasat,
Judge, C.R.No.32 (B.B.),
Date : 23.06.2025
ORAL ORDER :
Read application and say. 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 defendant from the suit premises. In such circumstance, the
valuable civil rights of the defendant are involved in this matter. In
such circumstances, though the plaintiff has objected the condonation
of delay caused in filing written statement, in order to adjudicate the
matter on merits, it would be just and proper to permit the defendant
to file her 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/steno32/DPK/Order/June-25/RAE-364-2024-Exh-36-cond of delay.odt
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2
ORDER
1. Application is allowed and delay caused in filing
written statement is hereby condoned subject to
costs of Rs.500/- payable to plaintiff on or before
next date.
2. Costs condition precedent.
(D. P. Kasat)
Judge, C.R.No.32 (B.B.)
23.06.2025
Dictated on : 23.06.2025
Checked & signed on : 23.06.2025
/home/steno32/DPK/Order/June-25/RAE-364-2024-Exh-36-cond of delay.odt
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