MAHINDER SINGH Vs. PREM CHAND

JUDGEMENT

(1.) THE petitioners have approached this Court under Article 227 of the Constitution of India for setting aside the order dated 02.05.2014 passed by the learned Civil Judge(Senior Division), Palampur, in Civil Suit No. 10/14 titled Prem Chand versus Mahinder Singh and others, whereby the right to file written statement of the petitioners has been closed.

(2.) THE respondent -plaintiff has filed a suit for declaration claiming declaration as set out in the suit with further consequential relief of permanent prohibitory injunction. Despite two opportunities, the petitioners did not file the written statement. Consequently, the right to file written statement was closed vide order dated 02.05.2014 which reads as follows: -

(3.) THE petition is vehemently opposed by the respondent No. 1 by claiming that sufficient opportunities have been granted to the petitioners to file written statement and it is only after the statutory period for filing the same had elapsed that the learned trial Court closed the right of the petitioners to file their written statement and, therefore, no exception could be taken to the order.