RAJRANI Vs. YADRAM CHAURASIA

JUDGEMENT

(1.) THIS is a revision by the legal representatives of defendant No.2 against the order of the Fourth Civil Judge, Class II, Gwalior in Civil Suit No. 532 -A/72, dated 6 -4 -1973 whereby he bas rejected the I.A. No. 8 filed by defendant No.2 for permission to file a written statement.

(2.) THE revision has arisen in the following manner. The plainiffs -non -applicants No.1 to 4 herein have filed a suit against the non -applicant No.5 herein (defendant No.1 in the suit) and against one Kripa Shanker who was defendant No.2 now dead The present applicants are his legal representatives. The defendant No.2 had entered appearance even when the summons of the suit was not served on him through Shri R. D. Jain, Advocate on 2 -3 -1973 on his behalf stated that day that defendant No. 2 did not want to file written statement, whereupon the trial Court closed the right of defendant No.2 to file written statement. The relevant part of the order sheet dated 2 -3 -1973 is as under : - ...[VERNACULAR TEXT COMITTED]...

(3.) On this date, the trial Court also framed a preliminary issue. Thereafter, on 6 -4 -1973, an application on behalf of defendant No 2, I.A. No. 8 along with the written statement was tiled for permission to tile the written statement on the ground that he did not posses copy of the plaint and he was told by defendant No 1 that no relief was claimed against him; therefore, he had declined to file the written statement, but later on he knew that there was a relief claimed against him also. The trial Court rejected the application vide the impugned order which is contained in paragraph 4 of the order.