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2009 Supreme(Bom) 736

C.L.PANGARKAR
Sudhirkumar Krishnalal Sahani – Appellant
Versus
Nagar Parishad/Nagar Palika/Municipal Council – Respondent


Advocates appeared:
For the Petitioner:N.C. Phadnis, Advocate. For the Respondents:Apoorva De, Advocate.

Judgment :-

Rule. Returnable forthwith. Heard finally with consent of parties.


2. By this Writ Petition the original plaintiff challenges the order passed by the Civil Judge Senior Division Wardha whereby he allowed the application of the defendant to place the Written Statement on record.


3. The facts shorn of details are as follows: Petitioner-plaintiff instituted a suit for recovery of Rs. 1,6,61,236/. Defendant-respondent is a Municipal Council. Upon service of the summons respondent/Municipal Council appeared before the Court on 06.06.2006. Applications were moved by the respondents-defendants Municipal Council for grant of time to file Written Statement on three occasions. Thereafter respondent defendants moved an application that the copies of the documents have not been supplied. Such application was once again moved and the said application was rejected by the learned Judge and suit was directed to proceed without Written Statement. Later on 26.02.2008 the defendant filed an application for permission to file Written Statement. The said application was heard by the learned Judge and was allowed and the petitioner-plaintiff feels aggrieved by that order.


4. I have heard t



















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