NOTIFIED AREA COUNCIL, TITILAGARH Vs. TITILAGARH CLUB

JUDGEMENT

(1.) The instant petition under Article 227 of the Constitution of India is to laciniate the order dated 3.7.2004 passed by the learned Civil Judge (Sr. Divn.), Titilagarh in T.S. No.63 of 2000. By the said order, learned trial court allowed the application filed by the plaintiff and accepted the pleadings subsequent to the filing of the written statement.

(2.) The opposite party as the plaintiff instituted T.S. No.63 of 2000 in the court of the learned Civil Judge (Sr. Divn.), Titilagarh impleading the petitioner as defendant for permanent injunction. Pursuant to issuance of summons, the defendant entered appearance and filed a comprehensive written statement denying the assertions made in the plaint. Thereafter the plaintiff filed an application to accept the further pleadings. The defendant filed objection to the same. Relying the provision of Order 8 Rule 9 C.P.C., learned trial court held that since certain averments have been made in the written statement, the plaintiff is required to give reply to the same. Having held so, learned trial court allowed the application filed by the plaintiff and accepted the further pleadings.

(3.) Heard Mr. U.K. Samal, learned counsel for the petitioner. None appears for the opposite party in spite of valid service of notice.