JUDGMENT

MANISH PITALE,J.

1. By this writ petition, the Petitioner has challenged order dtd. 7/9/2021 passed by the Court of Ad-hoc Senior Civil Judge, Mapusa, whereby an application for condonation of delay in filing written statement has been dismissed.

2. The Respondent in the present case has filed a suit for declaration and permanent injunction against the Petitioner. On 22/10/2016, the Petitioner was served with summons in the said suit and as per the relevant provision of law, the extended time for filing written statement expired on 18/1/2017.

3. On 17/2/2017, the Petitioner filed an application for rejection of plaint and on the same day filed an application for extension of time to file written statement. The roznama shows that the application for extension of time to file written statement was merely kept in the file of the proceedings and no specific order was passed thereon.

4. On 31/10/2019, the application for rejection of plaint was dismissed and the roznama shows that the case was adjourned to 17/12/2019, for filing of written statement. On the said date, an application was moved on behalf of the Petitioner seeking time to file written statement on the ground of unav