ZINABHAI RATANJI Vs. CHHANIBEN CHHANIABHAI KHALASI

JUDGEMENT

(1.) HEARD Shri Amit V. Thakkar, learned advocate appearing on behalf of the petitioners-original defendants and Shri V. G. Goswami, learned advocate for Shri Manish J. Patel, learned advocate appearing on behalf of the respondents.

(2.) PRESENT petition under Article 227 of the Constitution of India is filed by the petitioners-original defendants for an appropriate writ, order or direction, quashing and setting aside the order dated 23. 7. 2008 passed by the learned Principal Civil Judge, Olpad passed below Exh. 42 and Exh. 43 in Regular Civil Suit No. 61 of 2007 by which the learned trial court has dismissed the application submitted by the petitioners-original defendants to condone the delay in filing the written statement.

(3.) HAVING heard the learned advocates appearing for the respective parties and considering the fact that the suit came to be filed on 19. 7. 2007 and the summons/notices upon the defendants came to be served on 8. 8. 2007 and right of the defendants to submit the written statement came to be closed on 22. 2. 2008 and the present application was submitted by the petitioners-original defendants to reopen the stage of filing the written statement on 14. 5. 2008 and considering the grounds stated by the petitioners, it appears to the Court that on imposition of certain reasonable costs the right of the petitioners to file the written statement can be reopened, and if such a course is adopted, it will meet the ends of justice.