JAGANATH SINGH Vs. PURUSHOTTAM DAS

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution takes exception to the order dated 31.08.2009 passed by the Court below in case No. 1B/2009 whereby an application preferred by the petitioner / defendant under Order 11 Rule 12 C.P.C. is rejected.

(2.) SHRI Shashank Indapurkar, learned counsel for the petitioner criticized this order by contending that the trial court has erred in not considering the averments of application preferred under Order 11 Rule 12 C.P.C. dated 22.08.2009 (AnnexureP/5). He submits that in the facts and circumstances of this case, the court below should have allowed the said application.

(3.) PRAYER is opposed by Shri Sunil Jain. He supported the order of the court below.