CHHAJU RAM Vs. MAHENDER SINGH

JUDGEMENT

(1.) BY way of present revision petition challenge is to order passed by the learned Addl. Civil Judge (Sr. Divn.), Narnaul vide which the petitioner has been denied the right to file the written statement on the ground that in spite of number of opportunities having been taken, the written statement was not filed by the petitioner herein.

(2.) THE petitioner had moved an application for permission to place on record the written statement on the ground that on 20.9.2005 son of petitioner No. 1 had died and, therefore, he could not be present in the Court when the case was called. It was further the case of the petitioner that in the afternoon the petitioner appeared before the Court and sought permission to place on record the written statement, however, the same was declined as the defence of the petitioner has been struck of in the morning when the case was called.

(3.) THE learned counsel for the respondents has opposed the revision petition primarily on the ground that the petitioner had taken a wrong stand to the effect that the written statement was filed on 22.9.2005. The stand of the learned counsel for the respondents is that in fact the application was moved only on 24.9.2005 and not on 22.9.2005, as alleged. Therefore, it is claimed that the petitioner is not entitled to a discretionary relief under Article 227 of the Constitution of India.