JUDGMENT :

N.V.ANJARIA, J.

Heard learned advocate Mr.Udit Vyas for the petitioner and learned advocate Mr.Nandish Thackar for the contesting respondent.

2. By order dated 23.7.2021, 3rd Additional Senior Civil Judge, Surat passed below Exhibit 19 in Commercial Suit No.478 of 2021, refused the permission to the petitioner- original defendant No.4 to file its written statement on the ground that the same was beyond the period of limitation. The respondent No.1- original plaintiff instituted Commercial Suit No.225 of 2020 for the relief of partition and dissolution of the partnership firm as also for declaration of permanent injunction.

3. The plaintiff on one hand and defendant Nos.2 and 3 on the other hand, were real brothers running the business in the name of M/s. Mohan Silk Corporation. The plaint contained several reliefs including dissolution of the partnership firm, distribution of shares of the petitioner Society held by the firm, declaration as regards ownership of the shop, seeking for damages and for injunction in respect of creating third party rights in the shop in question. It is not necessary to elaborate the suit controversy nor it is needed to mention the prayers in deta