SCA/21650/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 21650 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= TUTON PHARMACEUTICALS - Petitioner(s) Versus GOA ANTIBIOTICS & PHARMACEUTI-CALS LTD-THR-MANAGING DIRECTOR - Respondent(s) ========================================================= Appearance : MR DEEPAK M SHAH for Petitioner(s) : 1,MR RAJAN D SHAH for Petitioner(s) : 1, RULE SERVED BY DS for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 02/09/2008 ORAL JUDGMENT By way of this petition under Article 227 of the Constitution of India, the petitioner – original plaintiff has prayed for appropriate writ, order SCA/21650/2007 2/3 JUDGMENT and/or directions, for quashing and setting aside the order dated 05.07.2007 on Exh.67 passed by the Hon'ble City Civil Court, Ahmedabad, passed in Civil Suit No.1492 of 1988 by which the learned City Civil Judge has allowed the aforesaid application permitting to take the written submission on record. Though served, nobody appeared on behalf of the respondent. 2. It appears that the suit has been filed in the year 1988 and the application to submit the written statement came to be submitted by the defendant after the period of 16 years and that to after the issues were framed long back and even the evidence of plaintiff was also recorded. It also appears that even no order has been passed by the learned trial Court to condone the delay in submitting the written statement and mechanically and in a most cryptic one line order, the learned Judge has passed an order to take the written statement on record. While allowing the application Exh.67, the learned trial Court has passed the following one line order :- “looking to the facts and circumstances of the case, written statement be brought on record. No order as to costs.” SCA/21650/2007 3/3 JUDGMENT 3. No reason has been assigned by the learned trial Judge, accepting the written statement after the period of 16 years and that to the said order has been passed without giving any opportunity to the petitioner, which can not be sustained. 4. For the reason stated above, petition succeeds. The impugned order passed by the learned City Civil Judge, below Exh.67 in Civil Suit No.1492 of 1988 is hereby quashed and set aside. Rule is made absolute. No order as to costs. [M.R. SHAH, J.] bddave