VIMLABEN KHODABHAI NASIT Vs. DADABHAI NAJABHAI VIKRAMA

JUDGEMENT

(1.) RULE. Shri Harshad Patel, learned advocate waives service of rule on behalf of the respondent. With the consent of the leaned Advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioner-original defendant against whom ex-parte judgment and decree has been passed and who has submitted an application for setting aside the ex-parte judgment and decree under Order 9 Rule 13 of the Code of Civil Procedure, has prayed for an appropriate writ, direction and / or order quashing and setting aside the order dated 7. 3. 2008 passed by the learned 2nd Additional Senior Civil Judge, Amreli below Exh. 5 in Civil Miscellaneous Appeal No. 32 of 2007.

(3.) IN an application for setting aside ex-parte judgment and decree, petitioner-original defendant-applicant has submitted the application Exh. 5 to stay further proceedings of Special Darkhast No. 16 of 2007 and the said application came to be allowed by the learned trial Court on condition that petitioner shall deposit Rs. 3 lacs.