SANT RAM Vs. MANSA RAM

JUDGEMENT

(1.) THIS revision petition under Section 115 C.P.C. has been filed by the defendants against the order dated 4.7.2005 passed by the learned trial Court striking of the defence of defendants No. 2 to 5 and dismissing the application filed by these defendants for taking written statement on record.

(2.) THE learned counsel appearing for the petitioners, at the outset, submitted before me that the present petition under Section 115 C.P.C. is not maintainable and that the present petition may be treated as a petition under Article 227 of the Constitution of India.

(3.) THE facts which are relevant for the decision of the present petition are that plaintiffs Mansa Ram etc. had filed a suit for declaration and injunction etc. against the defendants. In the said suit, defendant No.1 Mansa Ram was duly served, while the other defendants i.e. defendants No. 2 to 5 were not served and the case was listed for the service of defendants No. 2 to 5. On 24.4.2003, no one came present on behalf of defendant No.1 and as such, he was proceeded against ex parte, whereas defendants No. 2 to 5 were represented by their counsel. The learned trial Court, vide order dated 24.4.2003, after proceeding ex parte against defendant No.1, adjourned the case to 17.5.2003 for filing written statement on behalf of defendants No. 2 to 5. On 17.5.2003, the Presiding Officer was not holding the Court and the case was fixed for proper order. On 6.6.2003, the case was taken up by the learned trial Court and on the request made by the learned counsel for defendants No. 2 to 5, the case was adjourned to 7.7.2003 for filing the written statement on their behalf. On 7.7.2003, the learned counsel for defendants No. 2 to