Smt. Abhilasha Kumari, J.—Rule. Mr. Pinakin B. Raval, learned Counsel waives service of notice of rule on behalf of Respondent No. 1. Mr. J.B. Pardiwala, learned Counsel, waives service on behalf of Respondents Nos. 2 and 3. Though served, none appears on behalf of Respondents Nos. 4 and 5.

1.0 By way of this petition under Article 227 of the Constitution of India, the petitioner challenges the order dated 17.07.2008, passed by the trial Court in application at Exhibit-293, in Special Civil Suit No. 26 of 1997 and Special Civil Suit No. 31 of 1998, whereby the said application of the petitioner, for filing a fresh written statement, has been rejected.

2.0 The facts of the present case are somewhat chequered and are being briefly reproduced hereunder.

2.1 The petitioner is the original defendant No. 2 in Special Civil Suit No. 31 of 1998. Respondent No. 1-Trust is the plaintiff therein. The said Suit has been filed with a prayer for declaration and permanent injunction and for a decree of specific performance of contract entered into by the father of the petitioner and Respondent No. 2, and Respondent No. 1, whereby it was agreed to sell land bearing Survey Nos. 204/1, 205/2 to