RAM RATTAN AND ORS. Vs. ASHA AND ORS.

JUDGEMENT

(1.) THIS is a petition filed by the Petitioners/Defendants under Article 227 of the Constitution of India, against the order passed by the learned Civil Judge (Junior Division), Kandaghat, dated 17.3.2009, vide which he had rejected the written statement filed by the Petitioners, since it was filed beyond time.

(2.) NOTICES were issued to the Respondents.

(3.) IT is clear that the service of other Defendants had not yet been effected. Time to file the written statement could have been extended by the learned trial Court keeping in view the facts and circumstances of the case. These are procedural matter and steps have to be taken and due opportunities to both the parties to present their cases have to be given. Therefore, the impugned order passed by the learned trial Court is not sustainable in the eyes of law. The written statement already filed by the Petitioners is allowed to be taken on record subject to Rs. 500/ - as costs, payable to Respondents No. 1 to 5. Costs shall be paid to Respondents No. 1 to 5 before the learned trial Court.