SCA/138/8208 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13882 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 ? 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 ? ============================================================== PATEL NITINBHAI MAVJIBHAI GUMASANA & 1 - Petitioner(s) Versus JAYANTIBHAI KABABHAI BHORANIYA - Respondent(s) ============================================================== Appearance : MR KAMAL M SOJITRA for Petitioner(s) : 1 - 2. NOTICE SERVED BY DS for Respondent(s) : 1, MR PB KHANDHERIA for Respondent(s) : 1, ============================================================== CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 17/12/2008 ORAL JUDGMENT 1. By way of this petition under article 227 of the Constitution of India, the petitioners-original SCA/138/8208 2/3 JUDGMENT defendants have prayed for appropriate writ, order and/or direction quashing and setting aside the impugned order dated 23.10.2008 passed by the learned Principal Senior Civil Judge, Gondal below Exh. 14 in Special Civil Suit No. 39 of 2008. As there was delay in preferring the written statement, the petitioners-original defendants submitted an application Exh. 14 to codone the delay in submitting the written statement and to permit them to file written statement. The learned trial Court has passed the impugned order allowing the said application however on imposing cost of RS.1000/- (Rupees One Thousand only) and by further directing the petitioners-original defendants to deposit Rs.1,00,000/- (Rupees One Lakh Only) while condoning the delay in submitting the written statement. There is no logic of issuance of such direction. Under the circumstances, that part of the order, by which, the petitioners are directed to deposit Rs. 1,00,000/- (Rupees One Lakh Only) requires to be quashed and set aside. SCA/138/8208 3/3 JUDGMENT 2. Under the circumstances and for the reasons stated above, petition succeeds in part. The impugned order passed by the learned Principal Senior Civil Judge, Gondal dated 23.10.2008 passed below Exh. 14 in Special Civil Suit No. 39 of 2008 in so far as directing the petitioners-original defendants to deposit Rs.1,00,000/- (Rupees One Lakh only) while allowing the said application is hereby quashed and set aside. Rest of the order of imposing cost of RS. 1000/- is confirmed. Rule is made absolute to the aforesaid extent. There shall be no order as to costs. (M.R.SHAH, J.) niru*