JUDGMENT

Anil L. Pansare, J - Rule. Rule made returnable forthwith. Heard finally with consent of parties.

2. The petitioner-Municipal Council, Chikhli, has filed the instant petition challenging the order dated 5th December, 2019 passed by learned Joint Civil Judge, Senior Division, Buldana, below Exhs 87 and 88 in Special Civil Suit No. 3/2016. By the impugned order, the learned Judge of the trial Court has rejected both the applications filed by the petitioner.

3. It so happened that the respondent filed a suit for recovery of Rs. 60,19,750/- for carrying out necessary survey for Chikhli town. In response to summons the defendants appeared but failed to file written statement. Accordingly, the suit proceeded without written statement. The respondent who is the plaintiff before the trial Court had filed an affidavit in lieu of examination-in-chief. The chief examination was concluded on 06.01.2018. Thereafter the petitioner filed an application seeking to set aside the order of 'no written statement'. The said Application came to be allowed subject to payment of costs of Rs. 7,000/-. The written statement was accordingly taken on record. However, the petitioner failed to cross-exami