Sanjaysinh Amirsinh Barad vs Hemantbhai Kanubhai Chauhan
2021 Latest Caselaw 3304 Guj

            C/SCA/3777/2021                                 ORDER




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 3777 of 2021
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                SANJAYSINH AMIRSINH BARAD
                            Versus
               HEMANTBHAI KANUBHAI CHAUHAN
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Appearance:
MR YV BRAHMBHATT(206) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 1,2,3
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 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                              Date : 25/02/2021
                               ORAL ORDER

Heard learned advocate Mr. YV Brahmbhatt for the petitioner through video conference.

He has submitted that in the present case the right to file written statement of the petitioner(original defendant) were closed and the matter was proceeded further of which, is not legal and proper, since as per the judgment laid down by the Hon'ble Supreme Court in the case of M/S R.N. Jadi and Brothers & Ors. Vs. Subhaschandra reported in AIR 2007 SC 2571, the provision does not deal with the power of the Court and also does not specifically take away the power of the Court to take the written statements on record though filed beyond the time as provided for. Further, the nature of the provision contained in Order 8 Rule 10 is procedural.

The matter requires consideration.

Issue, NOTICE for final disposal making it returnable on 20.04.2021, subject to stand taken by the respondents and convenience.

(A. C. JOSHI,J) Radhika