RAVI SETIA Vs. SOM NATH SETIA

JUDGEMENT

(1.) The order impugned before this Court is the order dated 07.2.2011 vide which the application filed by the plaintiffs under Section 151 of the Code of Civil Procedure (hereinafter referred to as "the Code") seeking disposal of the suit i.e. suit No. 257/2001 in terms of the order of the Apex Court dated 07.10.2009 had been disposed of; the contention of the defendants No. 1 to 3 that they should be permitted to file a written statement had been rejected; matter had been fixed for final arguments.

(2.) Record shows that the plaintiffs had filed the present suit for declaration and cancellation of certain documents as also with a prayer of permanent injunction against the defendants. This suit was dismissed on 18.5.2005 by the Civil Judge. The suit was dismissed on a preliminary issue; the court was of the view that the suit was barred under Order XXIII Rule 3A of the Code; the matter having been compromised between the parties before the court at Rajasthan the present suit was not maintainable. The appeal against this judgment was disposed of on 24.3.2006. The regular second appeal against the order of the Additional District Judge was also disposed of on 10.12.2008 endorsing the finding of the appellate court; whereby the suit stood dismissed.

(3.) On 07.10.2009 the Supreme Court set aside the order passed in the second appeal. The relevant extract of the order of the Apex Court is noted herein as under: