RAKESH KUMAR Vs. MUNNALAL AGRAWAL

JUDGEMENT

(1.) HEARD on the question of admission. This petition is filed by one of the defendants under Article 227 of the Constitution of India challenging the order dated 26.8.2006 passed by III Civil Judge, Class I, Morena in Civil Suit No. 140 -A/03.

(2.) BRIEF facts of the case are that respondent No. 1 Munnalal Agrawal has filed a civil suit for ejectment against the present petitioner and respondents 2 to 7. The present petitioner was proceeded ex parte vide order dated 12.3.1996. An application for setting aside the ex parte order was filed by the present petitioner which was dismissed on 13.4.1996. This order was not challenged by the present petitioner, thus this order attained finality. Thereafter, other respondents filed their written statement and the present petitioner continued to participate in the proceedings in the light of the judgment of the apex Court in the case of Arjun Singh v. Mohindra Kumar [AIR 1964 SC 993]. On the basis of the written statement filed by other respondents, issues were framed and the suit is now fixed for recording of evidence. At this stage, present petitioner has submitted his written statement and the trial Court refused to take the written statement on record, hence, this petition.

(3.) THIS is not a consideration for allowing or rejecting this petition. The fact is that the present petitioner was proceeded ex parte by order dated 2.3.1996 and his application for setting aside ex parte order was dismissed and that order attained finality. It is true that even after the defendant is proceeded ex parte he can participate in the further proceedings, but for reverting the clock back, the order proceeding ex parte has to be set aside. Unless and until that order is set aside, the clock cannot be reverted to back position by filing a written statement. Present petitioner wants to revert the clock back to the stage of filing written statement which is not penl1issible in law.