SHAKUNTLA KUMARI Vs. REKHA RANI

JUDGEMENT

(1.) Suit for partition titled Rekha Rani Vs. Shakuntla Kumari is pending before the court of learned 3rd Civil Subordinate Judge (Excise Magistrate) Jammu. Failure of the defendant in filing the written statement within the stipulated time resulted in closure of right, aggrieved whereof, instant petition has been filed under Section 104 of Constitution of Jammu & Kashmir.

(2.) Parties are real sisters. During the proceedings of the suit, an effort has been made for compromise, which position is reflected in the interim order recorded on 13.09.2017 as well as order recorded on 04.10.2017. Learned trial Court has closed the right of filing written statement vide its order dated 02.11.2017.

(3.) Learned counsel for the petitioner (defendant) has relied on the judgment of Hon'ble Apex Court in the case of Siddalingayya Vs. Gurulingappa & Ors., rendered in Civil Appeal No.868 of 2011 decided on 05.09.2017 (reported in 2017 Legal Eagle 827). Paragraph 15 of the said judgment is advantageous to be quoted:-