DILIP BHARTI Vs. MEERA BAI

JUDGEMENT

(1.) Heard. Petitioner by way of present petition filed under Article 227 of the Constitution of India calls in question the legal tenability of the order dated 12.5.2010 passed by Civil Judge, Class 1, Maihar, District Satna in Civil Suit No. 6A/2007; whereby application preferred by the petitioner under Order 6 Rule 17 of the Code of Civil Procedure seeking replacement of the entire written statement filed by him was rejected.

(2.) The petitioner is defendant No. 2 in a suit filed by respondent No. 1/ plaintiff. The suit is for declaration and for permanent injunction in respect of suit property which is a house situated in Ward No. 12, Satna Road over a land bearing number 14/4/4 admeasuring 30 x 58 = 1740 sq.ft.

(3.) On being noticed in the suit, petitioner/defendant No. 2 entered his appearance through one Counsel Shri Arjun Singh and filed the written statement duly verified by him. The said written statement contained signature of the petitioner on each page of it. Thereafter, the Trial Court framed issues on the basis of respective pleadings and matter proceeded further when respondent No. 1 /plaintiff examined himself and closed his evidence.