NIVARTHI Vs. SHARFODDIN

JUDGEMENT

(1.) Petitioner, who is defendant no.1 in O.S.No.99/2014 before the Trial Court, has preferred this writ petition under Article 227 of the Constitution of India, with a prayer to quash the order dtd. 26/6/2018 passed on the application filed under Order VIII Rule 1 CPC in the said suit.

(2.) Heard the learned Counsel for the petitioner and the learned Counsel for respondent no.3. Respondent nos.1 & 2 though served, have remained unrepresented.

(3.) Respondent no.1 herein had filed O.S.No.99/2014 seeking a decree of perpetual injunction. In the said suit, the petitioner herein who is arrayed as defendant no.1 was initially placed ex- parte. Thereafter, on the application made by him, the order placing him ex-parte was set aside on 26/6/2018 and on the very same date, the petitioner has filed an application under Order VIII Rule 1 read with Sec. 151 CPC with a prayer to permit him to file the written statement. The said application has been dismissed by the Trial Court without even calling for any objection from the other side. Being aggrieved by the same, the present writ petition is filed.