RAFI Vs. VINCENT

JUDGEMENT

(1.) The respondent herein/plaintiff has filed Ext.P1 Original Suit against the petitioners herein for a decree for mandatory and prohibitory injunction.

(2.) The petitioners herein have filed Ext.P2 written statement with a counter claim. Thereafter, the petitioners have amended counter claim and Ext.P3 is the amended written statement with counter claim. The respondent filed Ext.P4 replication to the counter claim and the case had been listed to 02.08.2018.

(3.) Thereafter, the respondent/plaintiff has filed Ext.P5, an additional replication, along with Ext.P6 application to receive the same and Ext.P7 application to advance the case. The court below had considered the advance petition on 16.07.2018, and as per Ext.P8 order, suit was advanced to 16.07.2018 itself. Consequently, as per Ext.P9 order, the court below has received the additional replication on 16.07.2018 itself, without affording an opportunity to the petitioners to take pre trial steps. This is the grievance projected in this Original Petition.