LAXMI Vs. HARIVILAS

JUDGEMENT

(1.) HEARD .

(2.) THIS petition filed under Article 227 of the Constitution is directed against the order dated 24.06.2014, whereby right of petitioners/defendant for filing written statement is closed by the Court below.

(3.) THE next date fixed before the Trial Court was 16.05.2014. On the said date, by imposing Rs. 50/ - as costs, last chance was given to the petitioner to file written statement. It was made clear by the court below that if written statement is not filed by the next date, right to file written statement shall automatically stand forfeited. The matter was fixed on 18.06.2014. On 18.06.2014 the petitioner preferred another application under Section 151 C.P.C. and prayed for another last opportunity of seven days on the ground that he is suffering from some ailment. The court below granted another last opportunity in the interest of justice with further finding that if by next date written statement is not filed, the right shall stand forfeited. The matter was fixed for 24.06.2014. On the said date petitioner did not file written statement but filed an application under Section 61 of Transfer of Property Act. The Court below after considering the earlier orders, closed the right of filing written statement. This order is called in question on the ground that earlier order 7 Rule 11 C.P.C. application of petitioner was allowed which was disturbed by appellate order dated 20.03.2014. Thereafter matter travelled to High Court in MA 327/14 and RP 189/14. Because of pendency of these matters, the written statement was not filed and therefore, the Court below should have granted further time to the petitioner.