CAJETAN CORDEIRO Vs. RAJENDRA KUMAR MOTWANI

JUDGEMENT

(1.) HEARD learned Counsel Mr. Pangam appearing on behalf of the petitioners and learned Counsel Mr. Kantak appearing on behalf of the respondents no. 1, 3 and 4. Rule. Rule made returnable forthwith. Learned Counsel Mr. Kantak waives service of notice on behalf of respondents no. 1, 3 and 4 on merits. The petition is already dismissed as against respondents no. 2 and 5. Heard finally by consent.

(2.) AFTER hearing both the sides, the question that arises for my consideration is:

(3.) IN the suit filed by the petitioners against the respondents, by an application dated 18.09.2010, the petitioners sought leave of the Court under Order VIII Rule 9 of C.P.C. to file pleadings subsequent to filing of written statement. The application was opposed by the respondents stating that it was not maintainable . Upon hearing both the sides, the learned Civil Judge rejected the application by an order passed on 18.11.2010. The order reads as follows: