RATANDEEP BUILDERS Vs. BABURAO TUKARAN MANGALE

JUDGEMENT

(1.) Admit. By consent heard forthwith.

(2.) This appeal is directed against Order dated 25-10-2007 of the learned civil Judge, Senior Division at Ponda by which the defence of the appellant (hereinafter referred to as defendant) has been struck out in the light of the provision of Rule 11, Order 39, Civil Procedure Code which reads as follows :-

(3.) There is no dispute now that the provision of the aforesaid Rule has been held to be directory by the Division Bench of this Court in Ramavatar S. Modi vs. Mulchand S. Modi, 2004 (2) Mh. L. J. 1. The Judgment relied upon by the trial court in the case of Smt. Asha Madhusudan Joshi vs. Ashok H. Bhide, 2003 (1) ALL MR 1035 has been held not to be laying down a correct proposition of law.