DATTATTRAYA SHIVAJI MANDLIK Vs. SAHEBRAO HIRAMAN KOLI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, the matter is taken up for final disposal at admission stage.

(2.) Application tendered by petitioner/original defendant for accepting the written statement as well as for setting aside the order of no written statement passed by the court below came to be rejected in view of the order passed on 2-9-2006.

(3.) Respondent/original plaintiff instituted a suit being Regular Civil Suit no. 26/2006 in the court of Civil Judge, Sr.Dn., Dhule claiming damages to the tune of Rs.1,00,000/- on account of defamation caused by the defendant. After presentation of the suit, summons came to be issued and according to defendant, he received suit summons on 9-5-2006. It was expected of the defendant to present his written statement within 90 days. However, on account of failure of the defendant, the court was required to pass order on 3-7-2006 directing to proceed in the suit without written statement by the defendant. Defendant tendered an application on 5-8-2006 requesting the court to permit him to place on record his written statement and to set aside the order passed earlier. Said application came to be rejected by the trial court.