KASHMIR SINGH Vs. APARNA ASHRAM AND OTHERS

JUDGEMENT

(1.) Petitioner has filed this petition challenging the order dated 16.9.2013 (Annexure P-3) whereby application moved by the petitioner for permission to file his affidavit, was dismissed.

(2.) Learned counsel for the petitioner has submitted that the fraud committed by the plaintiffs was liable to be highlighted and the same could be done so by the petitioner by placing on record his affidavit.

(3.) In the present case, plaintiffs have filed suit for declaration. Petitioner has been arrayed as defendant No. 8. Petitioner was proceeded ex-parte and admittedly, thereafter the Trial Court allowed the petitioner to join the proceedings at the stage when the order was passed. Thus, petitioner was not allowed to file his written statement but was allowed to join the proceedings at the stage when the order for setting aside ex-parte proceedings against him, was passed. In these circumstances, the learned Trial Court rightly held that since the petitioner had not been allowed to file any written statement, he could not be allowed to lead evidence in the absence of his pleadings.