HIRABALLABH BHATT Vs. STATE OF UTTARANCHAL AND ANOTHER

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) Present revision has been filed against the order dated 11.5.2004 passed by the Civil Judge (SD), Nainital by which application filed by the plaintiff for not accepting the Written statement has been rejected.

(3.) Briefly stated the facts giving rise to the present revision are that plaintiff revisionist has filed a suit in the Court of Civil Judge (SD), Nainital in which order was passed that the case may be put up for issues on 11.11.2003. The order sheet shows that on 11.11.2003, the Court was vacant and 8.12.2003 was fixed. Thereafter 30.12.2003 was fixed and on 30.12.2003 time was again granted for filing of the written statement and ultimately on 21.2.2004 the following order was passed: