BADI ALIBHAI AHMED NOORMOHMED Vs. PATEL BALWANTRAY PREMCHAND

JUDGEMENT

(1.) Petitioner is the original defendant. He has challenged the orders passed by the learned Civil Judge (S.D.), Morbi in Special Civil Suit No.18 of 2000 by virtue of which, the petitioner's written statement was not taken on record.

(2.) Though served nobody appears for the respondent-original-plaintiff.

(3.) Having heard the learned advocate Shri Shah for the petitioner and having perused the material on record, it appears that part of the delay in presenting the written statement could be attributed to the devastating earthquake of 26th January 2001 which shook the entire Saurashtra region. The petitioner had made out a case for taking the written statement on record on just terms and conditions. However, it must be borne in mind that the suit pertains to recovery of Rs.6,63,200/- which remained dormant for nearly six years on account of pendency of this petition in which stay against further proceedings was granted.