INDRAJEET SINGH SOURABH Vs. CHETAN MALHOTRA

JUDGEMENT

(1.) The petitioners have filed the present writ petition, under Article 227 of the Constitution of India, challenging the order dated 04.03.2016 passed by XIV Additional District Judge, Bhopal in Civil Suit No. 485- A/2010 thereby rejecting the application preferred by the petitioners under Section 151 of the C.P.C.

(2.) Respondents No. 1 to 3 have field a civil suit for declaration of sale deed dated 31.07.2003 to be null and void as well as for permanent injunction. The petitioners appeared and filed their written statement refuting all allegations made in the plaint. Thereafter, in collusion with respondent Nos. 1 to 3, the respondent No. 4 filed an application under Order 1 Rule 10 of the C.P.C. wherein it is alleged by respondent No. 4 that he is owner of the property and having interest in the suit property. The said application was not opposed by respondent Nos. 1 to 3, therefore, the application was allowed and respondent No. 4 was impleaded as defendant No. 5 in the suit.

(3.) Respondent No. 4 filed a written statement along with counter claim against the present petitioners but being a defendant in the case copy was merely given to respondents No. 1 to 3 and they filed the written statement for the same. No copy of the written statement was given to the petitioners as a defendant in the case, therefore, they had no knowledge about the same. During the cross examination, when respondent No. 4 seeks opportunity to cross examine the witnesses of the petitioners at that time, the petitioners came to know about his counter claim against the petitioners. Therefore, the petitioners have filed an application for seeking copy of the written statement and counter claim and further opportunity to file the written statement of the same. The respondents have filed their reply to the said application. Learned Court below vide impugned order dated 04.03.2016 has rejected the said application. Being aggrieved by that order, the petitioners have filed the present petition.