Interim Order 1

Order Details: Order on Exhibit
Pdf Text: 1 RAE-24-2023-Exh-18-cond of delay.odt
IN THE COURT OF SMALL CAUSES AT MUMBAI
(BANDRA BRANCH)
ORDER BELOW EXHIBIT 18
IN
R.A.E. SUIT NO.24 OF 2023
(CNR : MHSCA3-001257-2022)
M/s. Mittal Estate … Plaintiff
V/s
M/s Exotica and anr. ... Defendants
Advocate for plaintiff : Mr. Deepak Jamsandhekar.
Advocate for defendant No.1 : Mr. M. A. Chandan.
Coram : D. P. Kasat,
Judge, C.R.No.37 (B.B.),
Date : 24.07.2023
ORAL ORDER :
This is an application filed by defendant No.1 for
condonation of delay caused in filing written statement.
2. The plaintiff resisted the application and prayed to
dismiss the application.
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 No.1 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 No.1 to file its written statement by
condoning the delay caused in filing the same. More so, the
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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 :
ORDER
1. Application is allowed and delay caused in filing
written statement is hereby condoned subject to
costs of Rs.300/- payable to plaintiff on or before
next date.
2. Costs condition precedent.
(D. P. Kasat)
Judge, C.R.No.37 (B.B.)
24.07.2023
Dictated on : 24.07.2023
Checked & signed on : 24.07.2023
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