KESHAV SHIRVOIKAR Vs. ANAND SHIRODKAR

JUDGEMENT

(1.) RULE . With the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) THE writ jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 22/01/2013 filed by the petitioners by which order the application at exhibit 15/D filed by them for being permitted to file the written statement came to be rejected.

(3.) IT is required to be noted that the petitioners herein had filed an application under Order 7 Rule 11 of the Civil Procedure Code questioning the maintainability of the suit. It appears that when the said application had come up for hearing before the Trial Court, the Trial Court had passed an order directing the defendants to file their written statement on 13/09/2011. The petitioners sought to place reliance on the judgment of the Apex Court in the matter of Saleem Bhai And Ors. vs State Of Maharashtra And Ors, 2003 AIR(SC) 759. wherein the Apex Court has held that the defendant has the liberty to file the written statement beyond the period prescribed under Order VIII Rule 1 after the application for rejection of the plaint under Order VII Rule 11 is decided.