1.0 Present Civil Revision Application under Section1 115 of the Code of Civil Procedure has been preferred by the applicant hereinoriginal plaintiffopponent to quash and set aside the impugned order passed by the learned Judge of the City Civil Court at Ahmedabad dated 30.1.2009 passed below Exh.1 in Civil Miscellaneous Application No.873 of 2007, by which, the learned Judge has allowed the said application submitted by the respondents hereinoriginal defendants and has condoned the delay of approximately more than 7 years in preferring the application under Order 9 Rule 13 of the Code of Civil Procedure to quash and set aside the exparte judgment and decree passed in Civil Suit No.6833 of 1987.
2.0 After the matter was argued for some time and considering the fact that while passing the impugned order learned Judge has not assigned any reasons in holding that the respondents have made out a sufficient ground / cause to condone the delay except in one line that according to him sufficient cause is shown out by the applicant to condone the delay, there is broad consensus between the learned advocates for the respective parties that the impugned order be quashed and set aside and the matter be remanded to the learned trial Court to decide the said application for condonation of delay in accordance with law and on merits. Learned advocates for the respective parties do not invite any further reasoned order. In view of the above, this Court is not assigning any further reasoned order while quashing and setting aside the impugned order and remanding the matter to the learned trial Court for deciding the delay condonation application afresh in accordance with law and on merits. Suffice is to say that even considering the impugned order passed by the learned trial Court this Court is satisfied as such no reasons have been given by the learned trial Court to come to the conclusion that sufficient cause is shown to condone the huge delay of 7 years.
3.0 In view of the above and for the reasons stated above, present Civil Revision Application succeeds. The impugned order passed by the learned Judge of the City Civil Court, Ahmedabad dated 30.1.2009 passed below Exh.1 in Civil Miscellaneous Application No.873 of 2007 is hereby quashed and set aside and the matter is remanded to the learned trial Court for deciding said application afresh in accordance with law and on merits and after giving an opportunity to all concerned. Considering the fact that Civil Suit is of the year 1987 and exparte judgment and decree is passed in the year 2000, the learned trial Court is directed to decide and dispose of said application at the earliest but not later than six months from the date of receipt of the present order. So as to see that there is no further delay again in service of notice upon the respective parties, it is directed that the respective parties in person or through advocate shall remain present before the learned trial Court at the first instance on 1.5.2012. Rule is made absolute to the aforesaid extent. Registry is directed to send the writ of this order to the learned trial Court immediately.
kaushik sd/ (M.R.SHAH,J.)