VIVEK KHAJURIA & ANR. Vs. WACHASPATI

JUDGEMENT

(1.) Petitioners, who figure as defendants No. 2 and 3 in civil suit for mandatory injunction filed by the respondent Dr. Wachaspati before learned Sub-Judge (CJM) Udhampur are aggrieved of rejection of their written statement by the learned trial Court in terms of its order dated 22.11.2014 on the ground that the same has been filed beyond the statutory period of 90 days. The challenge is thrown to the impugned order dated 22.11.2014 by filing the instant petition in a composite form, i.e. petition under Sections 226 and 227 of Constitution of India. The impugned order has been assailed on the ground that the suit came to be instituted on 10th June, 2014 and the petitioners were deemed to be served on 7th July, 2014 while the written statement on behalf of petitioners came to be filed on 4th Oct., 2014; thus, the written statement was filed well within 90 days from the date of service of petitioners.

(2.) Respondent has filed objections pleading therein that the petitioners have concealed material facts. It is pleaded that the trial Court had initiated ex parte proceedings against the petitioners and subsequently they were allowed to take part in the further proceedings without taking their written statements on record.

(3.) Heard learned counsel for the parties and perused the record.