PAWAN KUMAR SETHI Vs. KIRAN ALIAS HEMA

JUDGEMENT

(1.) This is a revision petition filed by Pawan Kumar Sethi and others, hereinafter described as "the petitioners" directed against the order passed by the learned Additional Civil Judge (Senior Division), Pehowa, dated 15-6-1998. By virtue of the impugned order, the learned trial Court had rejected the request of the petitioners seeking permission to file a fresh written statement. It was further observed that the petitioners may get clarification from this Court in this context.

(2.) The relevant facts are that the respondents had filed a petition for grant of maintenance under the Hindu Adoptions and Maintenance Act (for short "the Act" ). It was filed in the Court of District Judge, Kurukshetra. The petitioners contested the same and one of the grounds taken up was that the Court at Kurukshetra had no jurisdiction to try and hear the petition. On 19-4-1995, the learned Additional District Judge, Kurukshetra, had passed the following order:- " Heard. Realizing the fate that the petition ought to have been filed in the Court of Sub-Judge, 1st Class at Pehowa, Mr. Adlakha has moved an application under Order VII, Rule 10-A, C. P. C. for return of petition and for directing the parties to appear in the Court of Sub-Judge, 1st Class at Pehowa. This prayer has not been opposed by the opposite side. So, it is held that the Court of Sub-Judge, 1st Class, Pehowa, is the competent Court and has jurisdiction to try this petition. The petition is ordered to be returned. On the request of counsel, it is directed that the petition be sent by post to the Court of Sub-Judge, 1st Class, Pehowa. The papers i. e. the order sheet is ordered to be consigned to the record room, and the file be sent to the Court of Sub-Judge, 1st Class at Pehowa. Parties are directed to appear there on 4-5-1995. "

(3.) The petitioners submitted an application in the Civil Court at Pehowa seeking permission to file a fresh written statement. It was asserted that the plaint has been presented at Pehowa. The written statement already on the record which was filed in the Court at Kurukshetra cannot be treated as the written statement. The petitioners have a valuable right to file a fresh written statement.