JUDGMENT :

1. By preferring this petition, petitioner has challenged the order dated 09.05.2018 passed by the learned 3rd Additional Senior Civil Judge, Gandhidham-Kutch in CMA No.56 of 2017 condoning the delay in preferring an application for restoration of the Special Civil Suit No.42 of 2000 under Order 9 Rule 9 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC” for short)

2. The short facts to the leading of the filing of present petition may be summarized as under:

2.1 The respondent - original plaintiff filed Special Civil Suit No.42 of 2000 against the petitioner for recovery of a sum of Rs.52,87,00,000/- before the learned Senior Civil Judge, Gandhidham. The defendant appeared in the suit and filed his written statement and contested the suit. Issues were framed by the Trial Court on 25.01.2001 and 24.06.2005. An affidavit was submitted by the plaintiff through its officer on 30.04.2007. The suit could not progress further as time was sought by the plaintiff before the Court to keep its officer present for cross-examination uptill 01.10.2014 and right of evidence of the plaintiff was closed by the Court. The plaintiff was not remained present for its ev