CHANGDEO RAMBHAU GHUMARE Vs. MADHU MARUTI JADHAV

JUDGEMENT

(1.) Challenge in this petition is to the Order 22 nd September 2021 allowing plaintiffs to file written statement to the counter claim on record by condoning delay.

(2.) The petitioner is original defendant No.5. The respondent Nos.1 to 7 are original plaintiffs who initially filed Special Civil Suit No.228 of 1996 which was re numbered as Regular Civil Civil Suit No.777 of 2000. In the said suit defendant No.5 filed a counter claim claiming relief of specific performance in relation to agreement dtd. 18/12/2001. The counter claim was filed on 13/8/2013. It appears that the plaintiffs filed written statements to the said counter claim on 4 th February 2014 below Exhibit-114.

(3.) However, the plaintiffs on 20/2/2021, filed an application alleging ignorance of filing of counter claim dated 13 th August 2013 and prayed for permission to file written statement by condoning delay in filing written statement. The trial Court by order dtd. 22/9/2021 allowed the application. The trial Court refers to the written statement filed by the plaintiffs below Exhibit-114. However, it is stated that defendant Nos.5 and 6 have amended their counter claim and, therefore, plaintiffs are entitled to file their written statements.