RAM PARTAP SINGH Vs. VIJAY THAKUR & ANR

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Article 227 of the Constitution of India, against the order dated 17.8.2015, passed by the learned Civil Judge(Jr. Division), Kandaghat, District Solan, in Case No.17-S/6 of 2015, whereby application moved by the petitioner under Order 8 Rule 9 read with Section 151 CPC has been dismissed. A prayer has been made to set aside the order dated 17.8.2015, passed by the learned Civil Judge(Jr. Division), Kandaghat, District Solan, application under Order 8 Rule 9 read with Section 151 Code of Civil Procedure.

(2.) Briefly stating the facts giving rise to the present petition are that the plaintiff/petitioner (hereinafter to be referred as "the petitioner") has filed a suit for permanent prohibitory injunction, which is pending adjudication inter se the parties. The petitioner, who is the plaintiff in the Court below, has maintained the suit and in that suit earlier a written statement alongwith counter-claim was filed by the defendants/respondents (hereinafter to be referred as "the respondents") in the month of March, 2014. The petitioner was not granted opportunity to file replication to the written statement and written statement to the counter-claim. Thereafter, with the permission of the Court, the plaint was amended and, thereafter, again written statement to the amended plaint alongwith amended counter-claim was filed and on the same day, issues were framed. It has been averred that the petitioner was not granted an opportunity to file replication to the written statement, as well as, to file written statement to the counter-claim. Therefore, the petitioner moved application under Order 8, Rule 9 read with Section 151 C.P.C. wherein a prayer was made that the petitioner be permitted to file replication and written statement to the counter claim filed alongwith the amended written statement.

(3.) It has been averred that the respondents/ defendants filed their reply and contested the claim of the petitioner.