P.C.

1 Heard.

2 By consent, matter is taken on board for final hearing at the stage of admission itself.

3 By this petition under Article 227 of the Constitution of India, the Petitioner original defendant challenges the order dated 14.07.2015 passed by Civil Judge, Junior Division, Ulhasnagar below Exhibit-12 in Special Civil Suit No. 13 of 2013 rejecting Petitioner original defendant’s Application for condonation of delay in filing appearance in Summary Suit.

4 The learned counsel for the Petitioner original defendant submits that in the present proceedings, Respondent original plaintiff filed Special Civil Suit No. 13 of 2013 in the court of Civil Judge, Junior Division, Ulhasnagar for recovery of sum of Rs.3 lacs under Order 7 Rule 11 of the Code of Civil Procedure, 1908 . She submits that there was some delay on their part to file appearance before the Trial Court. Hence, Petitioner preferred Application for condonation of delay dated 14.08.2014 Exhibit12. Advocate for the Petitioner submits that the said Application was dismissed by Trial Court on the ground that there is no provision under Code of Civil Procedure, 1908 for condonation of delay. She submits that Trial Court faile