[1] Heard learned advocate for the petitioner. Petitioner herein is original defendant in Civil Summary Suit No.6 of 2012 filed by the respondent herein – original plaintiff before the learned Principal Civil Judge, Jhagadia, District – Bharuch.
[2] The summons for appearance was served on the defendant on 13.02.2012. The summons for judgment was issued to the defendant which was served on him on 05.04.2012. Thereafter, the defendant appeared and filed application for extension of time to file leave to defend, which was rejected. Thereafter, the defendant filed application praying for condondation of delay in filing leave to defend on 16.04.2012. Said application was rejected by the Trial Court on 13.10.2012 below Exh.16 in Civil Summary Suit No.6 of 2012 on the ground that sufficient cause was not made out by the defendant for condoning the delay.
[3] It is submitted by Mr.Gandhi, learned advocate for the respondent that after submitting delay condonation application along with leave to defend application, petitioner herein had asked for several adjournment and intentionally avoided to proceed with the matter.
[4] Heard learned advocates for the respective parties. This Court has gone through the order dated 13.10.2012 passed by the Trial Court. Trial Court has observed that there is delay of only one day in filing leave to defend application and though explanation has been given by the petitioner herein for condoning the delay, learned Judge has not considered the same and rejected the application and thereby committed error. Without expressing any opinion on merits of the case, in opinion of this Court, sufficient cause is made out by the petitioner herein – original defendant for condoning the delay in filing leave to defend application.
[5] In view of above, the petition is allowed. Order dated 13.10.2010 passed by the learned Principal Civil Judge, Jaghadia below Exh.16 in Civil Summary Suit No.6 of 2012 is hereby quashed and set aside. Delay caused in filling leave to defend application is condoned.
Trial Court is directed to dispose of Leave to defend application on or before 31.01.2013 in accordance with law. Direct service is permitted.
(M.D.SHAH, J.) satish