M M KATYAL Vs. SUBHASH CHAND

JUDGEMENT

(1.) In this revision petition the challenge is to the order dated 8-9-2004 passed by the trial Court whereby an application moved by the petitioner for permission to file additional written statement has been declined.

(2.) The respondents-plaintiffs filed a suit under Section 77(1) of the Registration Act, 1908 against Bhagwan Dass for passing a decree directing the defendant to execute and register the sale deed dated 31-5-1994 in their favour. Defendant -Bhagwan Dass filed written statement and subsequently expired. The trial Court by order dated 16-7-2003 impleaded the legal representatives of deceased -Bhagwan Dass. An application was filed by the petitioner, who is the legal representative of deceased Bhagwan Dass, seeking permission of the Court to file additional written statement under Order 22, Rule 4(2) of the Code of Civil Procedure (for short "the Code"). The petitioner had sought permission to file additional written statement in order to take the following objections :-

(3.) This application had been opposed by the plaintiffs-respondents. The trial Court rejected the application.