SHARADCHANDRA SHANTILAL ADATIA Vs. RAMJIBHAI MULUBHAI MEHTA

JUDGEMENT

(1.) THE petitioner herein has challenged the order dated 29.10.2010 passed by Additional Civil Judge and Additional Chief Judicial Magistrate, Amreli in Special Civil Suit No. 59 of 2004 below application Ex. 18 disallowing the petitioner to present the written statement in the suit.

(2.) IT is the case of the petitioner that the respondent herein filed Special Civil Suit No. 59 of 2004 for specific performance of an alleged agreement to sell dated 06.09.2001. The petitioner on account of certain circumstances beyond his control could not file the written statements within the time granted by the trial court and the right to file statement came to be closed on 19.07.2005. The petitioner however could file his written statement on 26.08.2008 along with application at Ex. 18 to allow the petitioner to submit the written statement. The said application came to be rejected by the trial court. Being aggrieved by the same, the present petition is preferred.

(3.) THIS court has heard learned advocates for both the sides and perused the papers on record. Looking to the conduct of the petitioner and from the record it seems that the petitioner is very well conversant with the court proceedings and has deliberately delayed the filing of written statement. The right to file written statement was closed by the trial court on 19.07.2005 and since then neither the learned advocate for the petitioner nor the petitioner has taken any serious care to submit the application to open their right to file the written statement; but after lapse of long period learned advocate for the petitioner submitted application to allow filing of written statement in the suit. 5.1 It is required to be noted that the petitioner himself has admitted that he had sold the disputed property after filing the present suit. Further, the petitioner has made an endeavour to get support of a Division Bench judgement dated 29.09.2009 of this court in Letters Patent Appeal No. 792 of 2008 in Special Civil Application No. 6924 of 2007 with Civil Application No. 9230 of 2008 wherein on the facts of the said case as laid down in para 7, the Division Bench on facts has allowed the written statement to be taken on record. The said judgement shall not be applicable to the facts of the present case.