This order condones the delay in filing the defendant's written statement in Suit No. 42 of 2007, considering his hospitalization. The defendant must pay Rs. 2,500 costs within two weeks before the written statement is taken on record.
Condonation of delay; Defendant to pay Rs. 2,500 costs within two weeks before filing written statement.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
NOTICE OF MOTION NO. 1 OF 2008
IN
SUIT NO. 42 OF 2007
Firooza A. Sadri ... Plaintiff
V/s
Adil K. Sadri ... Defendant
Ms.A.S.Khushrushahi for the plaintiff.
Ms.Z.A.Irani for the defendant.
CORAM: S.C.DHARMADHIKARI, J.
DATED: 18TH FEBRUARY, 2009
P.C.:
1. Perused the notice of motion and affidavit in
support of the reply.
2. Considering the facts involved in this case and that
the defendant was hospitalized and under treatment for
his illness, in the facts peculiar to this case, the
delay in filing the written statement is condoned
subject to the defendant paying costs quantified at
Rs.2,500/- to the plaintiff’s advocate to be paid within
a period of two weeks from today.
2
3. The written statement shall be taken on record
provided the same is filed on proof of costs being paid
and within two weeks from the date the costs are paid.
4. Notice of motion allowed in the above terms.
(S.C.DHARMADHIKARI, J.)
1 issue framed by the court
Whether to condone the delay in filing the defendant's written statement due to hospitalization.
S.C. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court