(1.) RULE. Shri Y. M. Thakkar, learned advocate waives service of rule on behalf of the respondent.
(2.) WITH the consent of the learned advocates appearing on behalf of the respective parties, the present Special Civil Application is taken up for final hearing today.
(3.) BY way of this petition under Article 227 of the Constitution of India the petitioner-original defendant has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order passed by the learned trial Court below Exh. 70 by which the learned trial Court has dismissed the application by not accepting the prayer of the petitioner-original defendant to take the written statement on record.