1. The appellant-original defendant, has challenged the Order dated 6th March, 2017 whereby the learned Joint Civil Judge, Senior Division, Rajguru Nagar, Khed, dismissed the application under Order 9 Rule 13 of CPC for setting aside the judgment and decree dated 28th July, 2016 in Special Civil Suit No. 2 of 2016 (Old Spl. Civil Suit No.22 of 2014).

2. The brief facts relevant to decide this appeal are as under:

The respondent was the plaintiff and the appellant was the defendant in Spl. Civil Suit No.22 of 2014 filed in the court of Civil Judge, Senior Division, Pune and shall be hereinafter referred to as the plaintiff and the defendant respectively.

3. The plaintiff had filed a suit against the aforesaid defendant for recovery of money. The defendants on being served with summons, put in appearance through their Advocate and sought time to file the written statement. The defendant did not file the written statement despite opportunities given, hence on 23rd July, 2014, the trial Court passed ‘No written statement’ order and adjourned the matter for hearing.

4. The evidence of the plaintiff was recorded, arguments were heard, and the suit was adjourned for judgment. While