SUDHIR YADAV Vs. SURJEET YADAV

JUDGEMENT

(1.) CM(M) 241 of 2017

(2.) Learned counsel for the petitioners (defendant Nos.1, 3 and 5) submit that the reasons for not being able to file the written statement have been duly explained by the petitioners while filing an application for setting aside the ex-parte order and in the in the interest of justice, one opportunity may be granted to the petitioners to file written statement subject to such terms and conditions as may be deemed fit in the circumstances of this case.

(3.) Learned counsel for the respondents has strongly opposed the prayer submitting that the respondents have been served on 6th May, 2016. They have been proceeded ex-parte on 1st Sept., 2016. Even while filing the application under Order 9, Rule 7 Civil P.C. the written statement was not annexed to show their bona fide. Thus the petitioners may not be granted further opportunity to file the written statement.