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SCA/13046/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13046 of 2008
=========================================================
WESTERN
OXYGEN PVT LTD & 1 - Petitioner(s)
Versus
GUJARAT
ELECTRICITY BOARD & 1 - Respondent(s)
=========================================================
Appearance :
MR
ASHISH D OZA for Petitioner(s) : 1 - 2.
None
for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/10/2008
ORAL
ORDER
1. By
way of this petition under Article 227 of the Constitution of India,
the petitioners ? original defendants have prayed for an
appropriate order quashing and setting aside the order dated
01.03.2008 passed by the learned 8th Additional Senior
Civil Judge, Bhavnagar below Exh.41 in Special Civil Case No.45 of
2005 by which the application submitted by the petitioners to re-open
their right to file written statement has been rejected.
2. Considering
the fact that Suit is already at the stage of final hearing and
issues came to be framed long back and even the evidence is already
closed long back and that the right of the petitioners to lead
evidence and even to cross-examine the witness of the plaintiff has
been closed for which no steps are taken by the petitioners and at
the stage of arguments application came to be submitted by the
petitioners to re-open their right to file written statement and same
came to be dismissed, it cannot be said that the learned Trial Court
has committed any error. Even the said order is in consonance with
Order VI Rule 17 of the CPC and proviso to the aforesaid Order. The
case is squarely covered by the decision of the Hon’ble Supreme Court
in the case of Ajendraprasadji N.Pande & Anr. v/s. Swami
Keshavprakashdasji N. & Ors. reported in 2007
(3) GLR 1872.
3. Under
the circumstances and facts stated herein above and considering the
decision of the Hon’ble Supreme Court in the case of Ajendraprasadji
N.Pande(supra), there is no substance in the present
Special Civil Application which deserves to be dismissed and
accordingly it is dismissed.
[M.R.Shah,J.]
satish
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