PARASMAL DAULATRAM JAIN Vs. RAMESHWAR RATHANLAL KARWA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard fnally.

(2.) This petition under Article 227 of Constitution of India takes exception to an order dated 17th January, 2018, passed by the learned Judge, City Civil Court, Bombay, in Notice of Motion No.71 of 2017 in Suit No.7057 of 2005, whereby the learned Judge allowed the Notice of Motion and permitted the defendant-respondent to fle written statement dated 24th March, 2015, by condoning the delay of 9 years and 79 days, subject to payment of costs of Rs.15,000/- by the defendant to the plaintiff-petitioner.

(3.) The petition arises in the backdrop of the following facts: