VADUNDHARA MARBLE INDUSTRIES Vs. NARENDRA BAIRVA AND ANR.

JUDGEMENT

(1.) THE application (IA No. 6035/2011) for early hearing as made by the Respondent No. 1 though contains some typographical errors but while ignoring such shortcomings, is considered and is allowed; and, having regard to the circumstances, the matter is taken up for consideration today itself.

(2.) THE learned Counsel for the Respondent No. 1 at the outset candidly submits that the Petitioner may be permitted to participate in the proceedings in the civil suit and he does not intend to oppose this petition against the order dated 01.02.2008 whereby the learned Trial Court has rejected the application moved under Order IX Rule 7 Code of Civil Procedure by the Petitioner.

(3.) HOWEVER , it is noticed that on account of the fault and default on the part of the Petitioner, the matter got unnecessarily delayed. Hence, even while it appears appropriate to set aside the order impugned 01.02.2008 and to allow the Petitioner to participate in the suit proceedings but then, at the same time, it appears proper to put the Petitioner to terms and to make necessary observations for further progress of the matter.