SCA/11405/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11405 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 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 ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= ZINABHAI RATANJI DECEASED THROUGH HEIRS & 3 - Petitioner(s) Versus CHHANIBEN CHHANIABHAI KHALASI & 1 - Respondent(s) ========================================================= Appearance : MR AMIT V THAKKAR for Petitioner(s) : 1 - 4. NOTICE SERVED BY DS for Respondent(s) : 1 - 2. MR MANISH J PATEL for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/10/2008 ORAL JUDGMENT SCA/11405/2008 2/4 JUDGMENT 1. Heard Shri Amit V.Thakkar, learned advocate appearing on behalf of the petitioners-original defendants and Shri V.G.Goswami, learned advocate for Shri Manish J.Patel, learned advocate appearing on behalf of the respondents. 2. Present petition under Article 227 of the Constitution of India is filed by the petitioners- original defendants for an appropriate writ, order or direction, quashing and setting aside the order dated 23.7.2008 passed by the learned Principal Civil Judge, Olpad passed below Exh.42 and Exh.43 in Regular Civil Suit No.61 of 2007 by which the learned trial court has dismissed the application submitted by the petitioners-original defendants to condone the delay in filing the written statement. 3. Having heard the learned advocates appearing for the respective parties and considering the fact that the suit came to be filed on 19.7.2007 and the summons/notices upon the defendants came to be served on 8.8.2007 and right of the defendants to submit the written statement came to be closed on 22.2.2008 and SCA/11405/2008 3/4 JUDGMENT the present application was submitted by the petitioners-original defendants to reopen the stage of filing the written statement on 14.5.2008 and considering the grounds stated by the petitioners, it appears to the Court that on imposition of certain reasonable costs the right of the petitioners to file the written statement can be reopened, and if such a course is adopted, it will meet the ends of justice. 4. Considering the above and for the reasons stated above, the petition succeeds. The impugned orders passed by the learned Principal Civil Judge, Olpad passed below Exh.42 and Exh.43 in Regular Civil Suit No.61 of 2007 are hereby quashed and set aside. The right of the petitioners-original defendants to submit the written statement is reopened on condition that the petitioners shall pay an amount of Rs.3,500/- towards the costs for reopening the stage of submitting the written statement within a period of three weeks from today. On payment of the costs, the learned advocates for the respective parties to submit the purshis before the learned trial court and on that the learned trial court to take the written SCA/11405/2008 4/4 JUDGMENT statement on record. Rule is made absolute accordingly. ( M.R. SHAH, J. ) syed/