BOSH RAJ Vs. JEET SINGH AND ORS.

JUDGEMENT

(1.) Through the medium of this writ petition the petitioner has sought quash-ment of order dated 17.01.2012 passed by Sub Judge, Kathua, in a civil suit titled as Bodh Raj v. Jeet Singh & others, whereby application moved by the plaintiff-petitioner herein for closing the rights of defendant-respondent no.3 herein to file the written statement in terms of Order 8 of Code of Civil Procedure (for short CPC) has been rejected, on the grounds taken in the petition.

(2.) Plaintiff-Petitioner herein has filed a civil suit, titled as Bodh Raj v. Jeet Singh & others, which is pending in the Court of Sub Judge, Kathua. Defendants-respondent no.3 herein appeared and was directed to file written statement subject to depositing of costs, which he filed on 26.05.2011.

(3.) Plaintiff-Petitioner herein moved an application before the trial court with a prayer that since defendant-respondent no.3 herein has failed to file the written statement before expiry of statutory period, therefore his right of filing the same be closed in terms of Order 8 of CPC.