ZAHIDUNNISA Vs. C A SATTAR

JUDGEMENT

(1.) THE plaintiff in O.S.No.678 of 2004 is the revision petitioner before this Court. THE suit in O.S.No.678 of 2004 has been filed by the petitioner/plaintiff for partition. THE defendants have filed a written statement. Pending suit, the petitioner/plaintiff filed an application in I.A.No.1258 of 2004 to pronounce judgment in the suit as the defendants failed to present the written statement within the period prescribed under Order 8 Rule 9 CPC. THE same was resisted by the respondents/defendants. THE Trial Court by an order dated 27.11.2007 dismissed that application. Aggrieved by the same, the above civil revision petition has been filed.

(2.) I have heard the learned counsel appearing for the petitioner and I have also gone through the documents filed in support of this submission.

(3.) I have considered the submissions of the learned counsel for the petitioner with regard to facts and citations.