(1.) THE plaintiff in a suit for enforcement of his right of pre-emption in relation to the suit property, originally owned by the plaintiff and defendants 2 to 7 as co-owners, and for a perpetual injunction to restrain the first defendant in whose favour a sale deed has been executed by defendants 2 to 7. "from interfering in any manner with the suit property either by himself or through defendants 2 to 7", is the revision petitioner.
(2.) FAILURE on the part of the defendants to file the written statement resulted in the suit being disposed of under R. 10 of O. 8 CPC. The respondents thereupon moved I. A. Nos. 3319 and 3320 of 1987 (identical relief is sought for in these petitions) for an order setting aside the exparte decree. These applications have been allowed by the common order under challenge.
(3.) AFTER the amendment of this Rule, the defendant thus is obliged to file the written statement either at or before the first hearing or within such time as the court may permit. The cumulative effect of R. 1 and 10 of 0. 8 CPC. therefore is that where the defendant who is obliged to, file the written statement fails to present the same within the time permitted or fixed by the court, as the case may be, the court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall he drawn up