UMESH SHANTARAM KHEDEKAR Vs. PESHOTAN WADIA

JUDGEMENT

(1.) BY this petition the petitioner (original defendant no.3) challenges the order dated 2nd of July, 2010 passed by the learned Civil Judge, Senior Division, Alibag, rejecting his application for setting aside 'No W.S.' order with a prayer to permit him to file the written statement.

(2.) SUMMONS of special civil suit no. 77/2008 was issued to the petitioner on 17th April, 2008, directing him to appear in the court on 24th April, 2008. In spite of service of summons the petitioner did not appear in the court on 24th April, 2008 and therefore, the court passed an order directing the suit to proceed exparte against him. Thereafter, the petitioner appeared before the court through his Advocate on 2nd May, 2008 and made an application for time to file written statement. By an order passed on the same day, the application was rejected observing that the court had already passed an exparte order against him and hence, the application could not be granted. The petitioner did not challenge the order and remained quite till 1st of October, 2009. In the meanwhile, the hearing of the suit proceeded exparte against the petitioner. After recording the evidence of the respondent no.1 (original plaintiff) the matter was posted for arguments on 28th August, 2009. It appears that the arguments could not be heard on that day as the court was busy in other matters and the matter was adjourned to 1st September, 2009 and then to 1st October, 2009. On 1st October, 2009, the petitioner appeared alongwith another application for permission to file written statement. By an order dated 2nd July, 2010 the application was rejected. That order is impugned in this petition.

(3.) IN the circumstances, there is no merit in the petition which is rejected summarily.