Devesh Singh Sahney v. Harshbeena Zaveri And 3 ORS

Before : C.J. Bhatt I/c. Prothonotary and Senior Master Date : 11th September, 2024 FOR DIRECTIONS :

17. S/169/2024 with connected matters ) ) ) ) ) ) Mr. Jigar Parmar a/w. Ms. Pranali Vyas i/b. Khaitan and Company, Advocate for the Plaintiff Mr. Ayush Chaddha i/b. M/s. AZB and Partners, Advocate for defendant nos. 1 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : Today, the matter is placed on board in view of Praecipe dated 10.09.2024 filed by Ld. Advocate for Defendant No. 1.

Ld. Advocate for Defendant No. 1 submits that vide conditional Order dated 09.08.2024, Defendant No. 1 was directed to file Written Statement within stipulated time as provide under Order VIII Rule 1 of CPC. He further submits that Written Statement on behalf of Defendant No. 1 is affirmed and ready, however, same could not be filed on or before 09.09.2024 i.e. within 30 days of the date of service of the Plaint. He further submits that delay of one day in filing Written Statement may be condoned and Written Statement may be taken on record. Ld. Advocate for Plaintiff submits that inspite of conditional order passed to file Written Statement, the same has not been complied with within stipulated time as provided under Order VIII Rule 1. However, he has no objection if one day's delay caused in filing Written Statement is condoned. Ld. Advocate for Defendant No. 1 to file Written Statement in the department. Office to take the Written Statement of Defendant No. 1 on record. Defendant nos. 2 to 4 to file written statement within stipulated period as provided under .... 2

.... Continued I/c. Prothonotary and Senior Master Date : 11th September, 2024 : 2 :

) ) ) ) ) ) ) Order VIII Rule 1 of C.P.C., failing suit against these defendants will be transferred to the list of Undefended Suits.

Praecipe stands disposed of. Stand over to 27.09.2024.

Date : 11.09.2024 I/c. Prothonotary & Senior Master