CHIKKULA CHENDRAIAH Vs. TATA SEETARAMMAIAH

JUDGEMENT

(1.) This revision petition is filed against the order of the Munsif Magistrate, Khammameth, refusing to receive the written statement filed by defendant No. 5 as, according to the learned Munsif Magistrate, the right of that defendant to file the written statement has been forfeited on 2-3-1957.

(2.) A few facts need be mentioned for formulating the question that arises for determination in this revision petition. The petitioner is the 5th defendant in O. S. No. 74/1 of 1954 on the file of the Munsif Magistrate, Khammameth. This defendant was not originally made party to the suit. The "B" diary contains under date 1-8-1956 that the petition of Tata Seetha Ramiah dated 17-11-1955 for impleading him has already been granted and it was ordered that the case be put up on 31-8-1958. The next note in the "B" diary is of 3-1-1957. It is noted thereunder that the advocate of defendant has objected, as the copies of the suit documents have not been given and the pleader for the plaintiff has been directed to give the copies. The suit thereafter stood adjourned to 29-11-1957, and on that date the court noted that there was compliance by the plaintiffs pleader with the previous order of the court and so the file is ordered to be put up on 13-2-1957 for written, statement. The next entry in the "B" diary is only of 2-3-1957 and it is in the following terms:

(3.) Thereafter, the application against which the present revision petition is filed was preferred by the 5th defendant for setting aside the above order forfeiting his right to file the written statement. The 5th defendant also seems to have filed along with that application his written statement. Thereafter on 12-4-1957 the case was posted to 25-4-1957 for arguments of defendant No. 5 and after two or three adjournments the order in question was passed on 7-9-1957.