MOHINDER SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) DEFENDANT no.7 � Mohinder Singh, by filing this revision petition under Article 227 of the Constitution of India, has assailed order dated 26.08.2010 (Annexure P-10) passed by learned Additional Civil Judge (Senior Division), Pehowa, thereby dismissing application of the petitioner for filing written statement along with counter claim.

(2.) SUIT was filed by respondents no.1 and 2/plaintiffs against proforma respondents no.3 to 8 and petitioner. Trial court decreed the suit vide judgment and decree dated 05.12.2008 (Annexure P-7). Defendant no.7 � Mohinder Singh preferred first appeal against judgment and decree of the trial court. Learned Additional District Judge, vide judgment dated 27.07.2010 (Annexure P-8), set aside the judgment and decree of the trial court and remanded the suit to trial court with direction that defendant no.7 � Mohinder Singh shall be allowed to file written statement and shall be given only one opportunity to lead evidence.

(3.) I have heard counsel for the parties and perused the case file.