MOHANLAL AND OTHERS Vs. BHAGWATI SHANKAR AND OTHERS

JUDGEMENT

(1.) The petitioners before this Court have filed the present petition being aggrieved by the order dated 22.09.2017 (Annexure-P/7) passed by the learned District Judge, Ratlam in Civil Suit No.3-A/2017.

(2.) The facts of the case reveal that the petitioners as well as respondent are the owners of agricultural land situated at village-Nandlai, Tehsil and District-Ratlam. A civil suit was preferred by respondent No.1 for declaration of title and for grant of permanent injunction challenging the revenue proceedings in respect of correction in settlement map and an application under Order 39, Rule 1 and 2 of the C.P.C. was also filed in the matter.

(3.) Summons were issued and the matter was fixed on 24.07.2017 for filing of the written statement. As the Presiding Officer was on leave, therefore, the case was fixed on 08.08.2017. The petitioners have filed a written statement as well as reply to the application for grant of temporary injunction and the W.S. was taken on record. Thereafter, respondent No.1 has filed an application under Order 8, Rule 10 of the C.P.C. stating that the written statement could not have been filed after expiry ninety days and a prayer was made for proceeding ex parte against the defendants.