JUDGMENT :

N.V. ANJARIA, J.

1. The questions that arise, in the peculiar facts and circumstances of the case, is whether the written statement by respondent-defendant in the Commercial Suit instituted by the petitioner, could be treated to have been filed within permissible period of 120 days. What could be the effect if the written statement available to be filed within the stipulated period could no be filed for the reason that the suit proceedings stood adjourned on account of absence of learned advocate for the plaintiff, even-though, on that day, the written statement was available and was proposed to be filed.

2. The challenge in this Special Civil Application by the petitioner-original plaintiff is addressed to order dated 22.11.2019 below Exh.12 passed by learned 2nd Additional Senior Civil Judge, Surat the Commercial Court, in Commercial Civil Suit No. 17 of 2019. Thereby the commercial court below rejected the prayer of the plaintiff to forfeit the right of the defendant to file written statement and to pass decree in plaintiff’s favor. The court permitted the defendant to file written statement.

3. The facts inter alia are that the respondent Surat Municipal Corporation invi