1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6134 OF 2010 University of Pune .. Petitioner V/s Muddu Deju Shetty .. Respondent Mr.J.S.Deo for Petitioner. Mr.A.P.Paralikar for the Respondent. CORAM: A.S.OKA, J. DATE: 15TH OCTOBER, 2010. P.C.: 1. Heard learned counsel appearing for the petitioner and learned counsel appearing for the Respondent. Notice for final disposal was issued by this Court. 2. Petitioner – University of Pune is the Defendant in a suit for eviction filed by the Respondent in the Court of Small Causes. On 18th June, 2010 the trial Court passed an order to proceed with the suit without written statement. On 8th July, 2010 an application was made by the petitioner at Exhibit 120 for setting aside the said order and for taking written statement tendered alongwith the said application on record. By the impugned order, the said application has been rejected. 3. After having heard learned counsel appearing for the parties, I 2 find that a very hyper-technical view has been adopted by the learned Judge. Hearing of the suit remained stayed for a considerably long time till 17th February, 2010 under the order of this Court. Immediately after the order dated 18th June, 2010 was passed, the petitioner made an application setting out the reasons as to why the written statement could not be filed earlier. In fact, the written statement was tendered alongwith the said application. Amended provisions of the Code of Civil Procedure, 1908 which came into force w.e.f.1st July, 2002 were not applicable to the suit. 4. Hence, the petition must succeed and I pass the following order:- (a) The impugned order dated 21st July, 2010 is quashed and set aside and the application at Exhibit 120 is hereby allowed. (b) As the Respondent has already filed affidavit in lieu of examination-in-chief, after issues are settled, it will be open for the Respondent to file additional affidavit in lieu of examination-in-chief. (c) Petition stands disposed of in the aforesaid terms, with no order as to costs. (A.S.OKA, J.)