ADAMJI GULAMHUSSEIN TAVAWALLA Vs. MRS. MARIA EMILLIA VAZ

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for respondent Nos. 1 and 2.

(2.) By this petition filed under Art. 227 of the Constitution of India, the petitioner is challenging the order dated 13th Sept., 2017, passed by the City Civil Court, Mumbai, in Notice of Motion No.4457 of 2016 in Suit No.6223 of 2004.

(3.) The said Notice of Motion was taken out by the present petitioner, who is original defendant No.5 before the trial Court, for taking his written statement on record. The trial Court has rejected the said Notice of Motion in view of inordinate and enormous delay of 12 years in filing written statement after the order was passed on 24.9.2007, by this Court, directing the suit to proceed undefended, against defendant Nos. 2, 3, 4 and 5.