Stuti Krunal Sav Throug Poa ... vs Surabh Vinodchandra Thakore
2021 Latest Caselaw 5092 Guj

          C/SCA/1094/2021                                         ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 1094 of 2021

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 STUTI KRUNAL SAV THROUG POA PURSHOTTAM BHAILALBHAI SAV
                          Versus
              SURABH VINODCHANDRA THAKORE
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Appearance:
MR ARPIT A KAPADIA(3974) for the Petitioner(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,2,3,4,5
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                              Date : 06/04/2021

                                ORAL ORDER

1. Heard learned Advocate Mr. Arpit A. Kapadia for the Petitioner through video conference.

2. Learned Advocate Mr. Kapadia has submitted that the Notice is served upon the Respondents but they have chosen not to appear.

3. Learned Advocate Mr. Kapadia has fairly submitted that the learned Judge has rejected the application filed by the petitioner - original defendant no.3 to open the stage to allow her to file the written statement and further to take on record her written statement in the Special Civil Suit No.85 of 2018. It is submitted that Defendant No.3 - the present petitioner has made an application vide Exh. 50 to open the stage to allow her to file her written statement. It is submitted that the Advocate of the Plaintiff has taken the objection on said application. it is submitted that by the impugned order dated 5.2.2020, the learned Judge has rejected the Application Exh.50. Therefore, being aggrieved and dissatisfied by the impugned order, the Petitioner has come forward with this Petition so that the matter can be decided on merits.

C/SCA/1094/2021 ORDER

4. Learned Advocate for the Petitioner has further submitted that when the written statement is allowed then only he would be permitted to cross-examine.

5. In the opinion of this court on 22.1.2021, the specific order was passed that the Petitioner is empowered to apply adjournment before the Trial Court and the Trial Court shall decide the same on merits keeping in mind the pendency of the petition. The learned Trial Court has observed that neither the Appeal nor Revision is filed and therefore on the basis of judgment of the Hon'ble Supreme Court, the learned Trial Court assumed that the stay cannot be granted. But in fact there is no question of stay since this Court is under consideration of the case of the Petitioner on the ground that when the Written Statement is not permitted in that case, adjudication may be meritless. But the Respondents have not appeared though the notice is served upon them.

6. Therefore, to avail the opportunity to the Respondents, last date is required to be given in the interest of justice to decide this Petition on merits.

7. The matter is adjourned to 1.7.2021. In the meanwhile, the learned Trial Court shall grant adjournment application if file by the Petitioner keeping in mind the pendency of this petition.

Direct service is permitted by e-mail / fax / any other electronic mode.

(A. C. JOSHI,J) J.N.W