NARMADABAI BABURAO HARDE Vs. SAU MEERA PANKAJ BHUJADI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard with the consent of learned Counsel for the parties.

(2.) All writ petitions raise only point that, whether in view of the loss of opportunity to file written statement since the defendants in respective matters were not present on the date when the matter was fixed for filing written statement can be deprived from cross examining the plaintiff on the ground that, the matter proceeded exparte against respective respondents.

(3.) Learned Counsel appearing for the petitioners submits that, though the petitioners did not file written statement and the matter proceeded exparte against the petitioners, however, they have right to cross examine the plaintiff restricted to the examination in chief. Learned Counsel for the petitioners in support of his contention has placed reliance upon the judgment in the case of Suryabhan Ranuba Wagh vs. Shobha Bhimrao Pawar, 2002 Supp2 BCR 272and submitted that, these writ petitions may be allowed thereby setting aside the impugned orders challenged in these writ petitions.