(1.) This petition filed under Article 227 of the Constitution of India, is directed against the order dated 22.3.2010 passed in Civil Suit No. 116-A/2009 whereby the Court below has closed the right to file written statement of the petitioner/defendant.
(2.) In a civil suit for recovery of rent, the right to file written statement of the petitioner/defendant is closed down. It is contended that on 16.2.2010 the case was closed for argument on a miscellaneous application. After decision of the said application, the petitioner/defendant should have been given a reasonable opportunity to file written statement. It is further contended in the light of (Sambhaji and others Vs. Ganga bai, 2009 2 MPHT 378) and (Girwar Singh Vs. Janak Singh, 2010 1 MPLJ 617) that 90 days time limit mentioned in C.P.C. to file written statement is directory and not mandatory in nature. Thus, the order of Court below was criticized.
(3.) The other side represented by Shri Surendra Khare supported the order passed by the Court below.