LAXMAN Vs. KANA

JUDGEMENT

(1.) APPLICANT Defendants have directed this revision against the order dated 27.3.2001 passed by Civil Judge Class II Sailana district Ratlam in Civil Suit No. 44A/2000, thereby rejecting the prayer of the applicants for grant of time to file written statement and ordered for proceeding against the applicants under Or.8R. 10 CPC.

(2.) THE only contention of the LC for applicant is that on 27.3.2001, on behalf of applicants two applications, one under Or.6R. 4,5 CPC and other U/ or.11 R.12 CPC were filed. The learned trial Court considered the aforesaid applications same day and dismissed the said applications. Thereafter the trial Court directed applicants to file their written statement in the later part of the day. The applicants could not prepare their written statement, because of the applications filed on behalf of the applicants U/or.6R.4,5 and Or.11R. 12 of CPC. In the aforesaid circumstances, the learned trial Court should have granted an opportunity to file the written statement granting reasonable time for attaining the ends of justice.

(3.) CONSEQUENTLY , this revision petition is allowed. The impugned order of the trial Court, closing right of the applicant defendants to file their written statement, is set aside and the applicants are now directed to file their written statement on the opening day after the summer vacation i.e. 25.6.2001, positively. In case of any default, the trial Court may proceed against the applicant defendants in compliance of the impugned order U/or.8R.10 CPC. No orders as to costs.