ORDER

% 01.02.2024

1. This hearing has been done through hybrid mode.

I.A.2456-57/2024 (for delay)

2. These are the applications filed by the Defendant No.9 seeking condonation of delay of 37 days in filing and delay of 303 days in re-filing the written statement. The suit is seeking decree of partition. According to the Defendant No.9, the summons were served upon the Defendant No.9 when he appeared on advance service on 12th December, 2022.

Written statement was filed on 19th February, 2023, which was also served upon ld.

Counsel for the Plaintiffs.

Affidavit of admission/denial and list of documents were also filed on the said date. In view of the averments made in the applications, the delay in filing the written statement by Defendant No.9 stands condoned. Let replication be filed by the Plaintiffs as per the prescribed timelines and procedure.

3. Application is disposed of.

I.A.2473/2024 (for exemption)

4. Allowed, subject to all just exceptions. Application is disposed of. I.A.2474/2024 (for delay) & O.A.20/2024

5. These are two pleadings filed by the Defendant No.17 seeking condonation of delay in filing the written statement as also seeking setting aside of the order dated Joint Registrar on 20th November, 2023.

6. The chronology of events of Defendant No.17 is that the summons were served on the said Defendant on 13th January, 2023.

The written statement was filed on 23rd February, 2023. However, there were defects, which were not removed, despite the same being noticed, in the order dated 17th July, 2023. On 20th November, 2023, since the written statement was not on the record, the Joint Registrar closed the right of the Defendant No.17. This is challenged in O.A.20/2024.

7. After hearing ld. Counsels for the parties, considering the nature of the suit being one for partition and the fact that initially the written statement was filed in time, the apparent mistake of non-removal of defects is at the Counsel’s end. Due to Counsel’s mistake the litigant should not suffer. In view of this, the written statement is permitted to be taken on record along with the affidavit of admission/denial and documents, subject to payment of Rs.15,000/- as costs to the Plaintiff.

8. Accordingly, the present application and appeal are allowed and disposed of.

CS(OS) 783/2022

9. List before the Joint Registrar on 6th March, 2024 for admission/denial and completion of pleadings.

List before the Court on 25th July, 2024.

10. PRATHIBA M. SINGH, J. FEBRUARY 01, 2024/dk/bh