JASWANTSINH ALIAS KALI Vs. INDRAVADAN CHHAGANLAL THAKAR

JUDGEMENT

(1.) RULE. Mr. Jignesh H. Kapadia, for Mr. Harin P. Raval, learned Counsel waives service of notice of rule on behalf of respondent No. 1. Though served, none appears on behalf of respondent Nos. 2 and 3. 1. The challenge in this petition is to the order dated 22-10-2008, passed by the trial Court in application at Exh. 45, in Civil Suit No. 215 of 2006, whereby the above-mentioned application of the petitioner for permission to file a written statement, has been dismissed.

(2.) THE brief facts of the case, as emerging from the material on record are that the petitioner is the original defendant No. 3 in the above-mentioned civil suit which has been filed by respondent No. 1- (Original Plaintiff ). The respondent Nos. 2 and 3 are the original defendant Nos. 1 and 2, who are being proceeded ex pane, in the civil suit. The suit was filed on 20th December, 1999. Upon issuance of summons, defendant No. 3 entered appearance on 4-2-2000. 2. 1. It appears that, at the behest of defendant No. 3, the suit was adjourned for about nine months. Thereafter, an earthquake struck the State of Gujarat on 26-1-2001, and the file of the case remained closed for some time. Pursuant thereto, it appears that the right to file a written statement of the petitioner was closed, on 3-11-2001. The file of the case remained closed for another three years. On 16-8-2007, along with the application, certain documents were sought to be submitted by the petitioner. The trial Court permitted the petitioner to produce the documents, as there was no serious objection from respondent no. 1 (Original Plaintiff ). However, the application for filing a written statement has been dismissed by the impugned order, hence the present petition.

(3.) MR. B. B. Gogia with Mr. Anand B. Gogia, learned Counsel for the petitioner has submitted as under :