RAJINDER SINGH Vs. BHAGWAN SINGH

JUDGEMENT

(1.) This revision petition under Article 227 of the Constitution of India has been filed by the petitioner/plaintiff for setting aside the order dtd. 12/3/2019 (Annexure P-4) passed by trial Court, whereby respondent/defendants were allowed to file written statement at the stage of defendant evidence.

(2.) The facts of the case are, the petitioner/plaintiff filed suit for possession by way of specific performance on the basis of agreement to sell dtd. 22/10/1994. A perusal of the short orders placed on record as Annexure P-2 shows that after notice in the suit respondents/defendants No. 1 and 3 appeared before the Court, and the remaining defendants No.2, 4 and 5 were proceeded against ex parte on 7/10/2013. Subsequently, an application for setting aside the ex parte order was filed only by respondent/defendant No.2 on 29/10/2013. The ex parte proceedings against defendant No.2 were set aside by order dtd. 9/1/2014 on the statement of the petitioner/plaintiff that he had no objection to setting aside of the same. Again on 12/10/2016, respondent/defendants No.1 to 3 were proceeded against ex parte, as none appeared before the Court despite the case having been called for hearing several times. On 3/11/2016, the defendants' counsel requested for an adjournment to move an application for setting aside the ex parte proceedings, which was granted, and the case was adjourned to 21/11/2016 for the purpose. Finally, the application under Order IX Rule 7 of CPC on behalf of the respondent/defendant No.1 was filed on 12/10/2016. The said application was allowed by the Court vide order dtd. 13/12/2016, and the ex parte proceedings dtd. 12/10/2016 were set aside. After that, trial of the suit proceeded, and all the plaintiff's witnesses were examined. He closed his evidence in the affirmative on 30/10/2018. Thereupon, respondents/defendants examined their witnesses DW-1, DW-2 and DW-3 on 13/12/2018 in examination-in-chief. DW-1 was partly cross examined and DW-2 completely. The case was then adjourned for the remaining defendants' evidence to 12/3/2019.

(3.) After examination of the defendants' witnesses, an application dtd. 18/2/2019 (Annexure P-3) was filed by the respondents/defendants seeking permission to file written statement. The said application was allowed by the trial Court, vide impugned order dtd. 12/3/2019, without permitting the plaintiff to file reply to the same on the ground that ex parte proceedings against the defendants were set aside. The written statement was taken on record, issues were framed and the case was adjourned for defendants' evidence.