RAJEEV SHARMA Vs. RAVI SHANKAR SHARMA

JUDGEMENT

(1.) Heard Sri Brijesh Kumar Singh for the petitioner; and Sri R.M. Saggi for the plaintiff-respondents. The present petition has been filed against an order dated 10.10.2014 passed by the Second Additional Judge Small Causes, Kanpur Nagar in Suit No.1350 of 2012 by which he has accepted the objection of the plaintiff-respondents submitted not to accept the written statement filed by the defendant/petitioner and has directed that case shall proceed ex-parte against the defendant. The petitioner has also challenged the order dated 19.10.2016 passed by the Additional District Judge, Court No.10, Kanpur Nagar by which the revision of the petitioner against the order dated 10.10.2014 has been dismissed.

(2.) A perusal of the record would go to show that summons of the suit were served on the defendant-petitioner on 04.08.2012. The defendant-petitioner after putting in his appearance in the suit prayed for supply of copy of the plaint and the documents appended thereto, upon which, the court directed the plaintiff to supply the plaint and documents to the defendant. It appears that on the margin of the order sheet of the case, on 06.12.2012 the defendant made an endorsement that copy of the plaint, etc. has been received by him. On 15.03.2013, the written statement was filed. Application 40-Ga was filed by the plaintiff/respondents on 27.02.2014 that is after eleven months of filing of the written statement to take written statement off the record on the ground that it was filed after 90 days.

(3.) The court below by impugned order dated 10.10.2014 accepted the application 40-Ga and directed that the written statement shall not be taken as part of the record and the case would proceed ex-parte. This order has been affirmed by the revisional court.