BHARAT VISHNU RADE Vs. GOPAL KHUSHAL KOLHE

JUDGEMENT

(1.) RULE. RULE made returnable forthwith. With the consent of learned Counsel for the parties, heard finally.

(2.) THE point which is agitated in this writ petition is that, in a suit filed by the petitioner herein, sole defendant was allowed to file written statement after two years from issuance of the summons by the trial Court. It is the contention of the Counsel for the petitioner that, impugned order suffers from non assigning of the reasons. No reasons are assigned by the Judge while setting aside "No W.S. order." 2. THE Counsel for the respondent would submit that, since the written statement is already taken on record and the costs amount is also deposited, this Court may not interfere in the extraordinary writ jurisdiction.

(3.) ADMITTEDLY, in the present case, the impugned order suffers from non assigning reasons while setting aside "No W.S. order." In that view of the matter, impugned order is set aside. The application of the respondent at Exhibit-30 is restored to its original file. The trial Court after hearing both the sides to decide the said application on merits, however, record the reasons in support of the order which will be passed on the said application.