PRAMOD BALIRAM WAVGE Vs. SAHADEV KISAN KHADKE

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard by consent of the parties.

(2.) By this petition the petitioner-defendant in Regular Civil Suit No. 17/2004 takes exception to rejection of his application for permission to file reply and written statement on record.

(3.) The petitioner/defendant had appeared in the said proceedings before civil Judge Jr. Dn. , Patur on 16-7-2004. Instead of filing written statement on the same day he filed an application Exh. 11 under section 9-A of the Code of Civil procedure taking exception to jurisdiction of the Civil Court. This application was decided by the learned Judge on 28-1-2005. On 3-2-2005 i. e. five days after rejection of his application under section 9-A of the Civil Procedure Code, the defendant filed application for permission to file reply and written statement on record. With this application he annexed reply to application under Order 39, rules 1 and 2, but did not annex any written statement.