LAWS(UTN)-2015-5-87

GULFAM AHMAD Vs. MOHD AAQIL

Decided On May 25, 2015
GULFAM AHMAD Appellant
V/S
Mohd Aaqil Respondents

JUDGEMENT

(1.) PRESENT petition is filed assailing the order dated 18.04.2014, passed by the Additional District Judge, Vikas Nagar, Dehradun in O.S. No. 96 of 2011 rejecting the application of the plaintiff 30C2 and 42C2 whereby plaintiff has made prayer to reject both the written statements one filed by the defendant Nos. 1 and 2 jointly and other filed by defendant No. 3 separately on the ground that both the written statements were filed after expiry of 30 days from the date of service of summons and no application was ever moved by the defendants to condone the delay in filing the written statement or in other words, no explanation / ground is made out to extend the time to file written statement.

(2.) UNDISPUTED brief facts of the present case, inter alia, are that plaintiff has filed suit for permanent prohibitory injunction against the defendants alongwith application for ad interim injunction in the Court of Civil Judge (Senior Division), Vikas Nagar, Dehradun, which was taken up for preliminary hearing on 13.10.2011. Having heard the learned counsel for the plaintiff / petitioner herein, learned Trial Court was pleased to issue notices on the application seeking ad interim injunction, paper No. 6C2, for 20.10.2011. On 20.10.2011, learned Trial Court was pleased to direct the plaintiff to take steps to serve the defendants by both the ways, i.e. by normal mode of service as well as by registered post for 03.11.2011. On 03.11.2011, since none of the defendants could be served, therefore, learned Trial Court once again was pleased to direct the plaintiff to take steps by both the ways to serve the defendants for 29.02.2012. On 29.02.2012, defendant Nos. 1 and 2 moved an adjournment application seeking time to file written statement as well as reply to ad interim injunction application whereupon learned Trial Court was pleased to grant time to file written statement as well as reply to the ad interim injunction application till 04.04.2012 and case was adjourned for 04.04.2012 for hearing on ad interim injunction too. On 04.04.2012, learned Trial Court was pleased to adjourn the case for 02.05.2012 for filing written statement as well as reply for the ad interim injunction application and for hearing of the ad interim injunction application.

(3.) ON 01.05.2012, learned District Judge was pleased to transfer the case from the Court of Civil Judge (Senior Division), Vikas Nagar to Addl. District Judge, Vikas Nagar, therefore, case was taken up on the next date fixed, i.e. 02.05.2012 by Additional District Judge, Vikas Nagar, Dehradun. On 02.05.2012, defendant Nos. 1 and 2 have filed their joint written statement, which was accepted on record. Vide order dated 01.08.2012, plaintiff was permitted to take steps for service through publication on defendant No. 3. Summons / notices were published in the newspaper on 07.08.2012. Case was taken up on 30.08.2012, learned Trial Court was pleased to direct the plaintiff to serve copy of the plaint and documents on the defendant No. 3 and defendant No.3 was permitted to file his written statement and reply to ad interim application till 27.09.2012. On 27.09.2012, Presiding Officer was on leave and case was adjourned for 17.10.2012. On 17.10.2012, lawyers were on strike, therefore, case was adjourned for 01.11.2012.