BENGAL BEVERAGES PRIVATE LIMITED Vs. PRASANTA PAUL

JUDGEMENT

(1.) THE instant application under Article 227 of the Constitution of India is directed against Order No.9 dated 19th June, 2009 passed by learned Civil Judge (Senior Division) at Basirhat in Money Suit No.18 of 2008 refusing to accept the written statement filed on behalf of the petitioner/defendant. Having heard the learned Counsel appearing for the parties concerned and also after going through the materials-on-record, it could be detected that the opposite party by instituting the said Money Suit No.18 of 2008 against the present petitioner prayed for recovery of a sum of Rs.2,88,526.56/- with interest.

(2.) IN the said suit, the petitioner/defendant entered appearance and also filed written statement which was ultimately not accepted by the learned Court below by passing the impugned order.

(3.) IT is further submitted on behalf of the petitioner that since the Court below once accepted the written statement, it cannot be said to have not been accepted by the said Court and accordingly the order impugned dated 19.6.2009 would not be sustainable in the eye and estimation of law and the same would be liable to be set aside.