SURAJ CHAUHAN Vs. PUSHPA PRASAD AND ORS.

JUDGEMENT

(1.) Leave granted.

(2.) Mr. P.N. Gupta, learned Counsel appears for the contesting Respondent (R.1) and waives notice. Notice to Respondents 2 to 5 is dispensed with in both the appeals.

(3.) The Appellant is the first Defendant in two suits filed by first Respondent, one for cancellation and other reliefs. On the ground that the first Defendant-Appellant did not file his written statement, the Plaintiff-first Respondent filed applications under Order 8 Rule 10 Code of Civil Procedure in two suits. The Appellant filed his written statement along with an application to receive the same. The trial court by orders dated 03.02.2009 and 23.01.2009 dismissed the Appellant's application for receiving the written statement and allowed the application filed by the first Respondent under Order 8 Rule 10 Code of Civil Procedure. The writ petition filed by the Appellant challenging the said orders has been dismissed by the impugned order dated 03.03.2009.