Norman Drego v. Jude Drego And 2 ORS

Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 05th March, 2018 FOR HEARING & FINAL DISPOSAL (ORIGINAL SIDE MATTERS) : CHOL/123/2018 S/916/2013 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Anil D'souza, Advocate for Applicant/Defendant No. 1.

P.C. :

The present Chamber Order is taken out by Defendant No. 1 for setting aside Order dated 07.08.2017 by which Suit against Defendant No. 1 was transferred to the list of Undefended suits.

Ld. Counsel for Applicant has placed on record Affidavit of Service, which is taken on record. Despite service, none appeared on behalf of the Respondent/ Plaintiff.

Perused Affidavit in Support. Heard Ld.

Counsel for Applicant. Affidavit in Support reveals that Defendant No. 2 expired and by Order dated 26.04.2017 Plaintiff was directed to carry out amendment in the Suit. According to the Applicant during that period, Applicant under gone treatment, for which he was required to carry out various medical test from time to time.

Therefore, he could not finalize and file written statement within time.

Since none appeared on behalf of the Respondent to resist Chamber Order, contention raised by the Applicant needs to be accepted. Accordingly, Chamber Order is granted as prayed and signed separately. No order as to costs.

2 Before : Shri A. M. Chandekar Prothonotary & Senior Master Date : 05th March, 2018 ) ) ) ) ) ) contd...

CHOL/123/2018 S/916/2013 Applicant/Defendant No. 1 is directed to file written statement on or before 19.03.2018, failing Suit against Applicant/Defendant No. 1 be transferred to the list of Undefended Suits.

Date : 05.03.2018 Prothonotary & Senior Master