RITA RANI MISHRA Vs. SACHIDANANDA BADHEI

JUDGEMENT

(1.) ORDERS dated 02.07.2011 and 16.08.2011 passed by learned Civil Judge (Senior Division), Sambalpur in Title (Eviction) Suit No.118 of 1997 declining to accept the written statement filed by the petitioners were challenged initially in W.P.(C) No.24441 of 2011. Subsequently, learned counsel for the petitioners having confined W.P. (C) No.24441 of 2011 to aforesaid order dated 02.07.2011, filed W.P. (C) No.29756 of 2011 to impugn the order dated 16.08.2011.

(2.) AS both the writ petitions arise out of the orders passed on two occasions, i.e., 02.07.2011 and 16.08.2011 in the same suit, they are taken up together for disposal by this common judgment, with consent by learned counsels for the parties.

(3.) LEARNED trial court, vide order dated 11.01.2011, dismissed the petition filed by the present petitioners under Order 1, Rule 10, C.P.C. obliging them to approach this Court in W.P.(C) No.1821 of 2011. Said writ petition was disposed of on 17.02.2011 remitting the matter back to learned court below with a direction to re -hear the parties and pass order afresh. On remand, the matter was taken up for hearing, and learned court below allowed the petition filed by the petitioners under Order 1, Rule 10, C.P.C. and directed the plaintiff to take necessary steps for adding the present petitioners as defendants, who were to file written statements on 02.05.2011. The petitioners filed their written statement on 20.06.2011. Vide order dated 02.07.2011 (impugned in W.P.(C) No.24441 of 2011), learned court below refused to accept the written statement. The petitioners thereafter filed another written statement on 25.07.2011. Learned court below vide order dated 16.08.2011 (impugned in W.P.(C) No.29756 of 2011) again refused to accept the said written statement. The petitioners thus have been obliged to prefer these writ petitions.