OM PRAKASH VERMA Vs. SHILA SHUKLA

JUDGEMENT

(1.) SUBSTITUTED defendant no.1 -petitioner, aggrieved by the order dated 24.5.2005 passed by the Subordinate Judge, Vll, Bhagalpur in T.S. No. 93 of 2001 allowing the application filed by the plaintiff not to accept the written statement filed by this defendant, has preferred this application.

(2.) PLAINTIFF filed the suit for decree of specific performance of contract impleading the petitioners mother and brother as defendants. Defendant No.1 died and the petitioner, who happens to be her son, was substituted in her place by order dated 14.12.2004. Thereafter, he appeared in the suit on 4.1.2005 and on several dates prayed for and granted time to file written statement. Ultimately, written statement was filed on 4.4.2005. Thereafter, the plaintiff filed application on 15.4.2005, inter alia, praying that the written statement filed by this defendant, be not accepted.

(3.) MR . S. Kumar, learned Counsel appearing on behalf of the petitioner, submits that once the Court below had granted time to file written statement and the petitioner having done so, written statement filed by him was not fit to be rejected. In support of his submission, he has placed reliance on a judgment of this Court in the case of Shri Jai Shankar Mandal alias Jai Shankar Kumar Mandal and Another V/s. Sri Kailash Kumar Mandal alias Kailash Mandal, 2005(2) P.L.J.R. 179 and my attention has been drawn to paragraph no. 5 which reads as follows: