SANJAY KUMAR SHARMA Vs. SUBHASH CHAND SHARMA

JUDGEMENT

(1.) By way of this petition, challenge is made to the order dtd. 29/10/2025, whereby the right of the defendants No.1 to 5 to file written statement has been closed and further challenge is made to the order Annexure P-5 dtd. 9/12/2025, whereby the trial Court refused to take on record the written statement of these defendants which was filed on 11/11/2025.

(2.) The petitioners/defendants No.1 to 5 appeared for the first time before the trial Court through counsel on 11/7/2025 and they were granted time till 29/10/2025 to file written statement and thereafter on 29/10/2025, their right to file written statement was closed. But later on, on the very next day, i.e. on 11/11/2025, these defendants appeared and filed a written statement along with an application under Sec. 151 CPC to take the written statement on record, which has now been dismissed by the trial Court on 9/12/2025.

(3.) From a perusal of the order sheets of the trial court, it is clear that the petitioners for the first time appeared before the trial Court on 11/7/2025 and then the matter was referred for Mediation on 28/7/2025. Later on, the mediation report of failure was received by the trial Court on 7/10/2025 and then the suit proceeded again.