SUMITRA RANI Vs. VINOD KUMAR AND OTHERS

JUDGEMENT

(1.) The petitioner by way of this petition under Art. 227 of the Constitution of India has sought quashing of the order dated 20.04.2015 passed by learned Civil Judge (Senior Division), Kasauli, whereby he allowed the application filed by the respondents under Order 8, Rule 1 readwith Sec. 151 of the Code of Civil Procedure (for short 'Code') and permitted the respondents to file their written statement. It is claimed that the impugned order is not sustainable as the same is not only irregular but illegal and, therefore, is not sustainable in the eyes of law.

(2.) I have heard learned counsel for the petitioner and have gone through the records.

(3.) A perusal of the zimini orders upon which a lot of emphasis has been placed by learned counsel for the petitioner would reveal that the respondents were granted time to file written statement on 08.07.2014 and on 01.08.2014. But, thereafter it appears that the defendant No.2 died and the matter remained pending for bringing on record his legal representatives. This application came to be allowed only on 25.11.2014 and by the next date i.e. 06.01.2015 the respondent had already filed application under Order 8, Rule 1 read with Sec. 151 of the Code for placing on record the written statement.