CHOTURAM Vs. BABURAM

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dtd. 15/10/2014 passed by Additional District Judge No. 2, Jodhpur Metropolitan, whereby the application preferred by the petitioner under Order 7 Rule 11 read with Sec. 151 CPC was rejected and filing of the written statement by the petitioner was closed.

(3.) Learned counsel for the petitioner submits that respondent preferred a suit before the trial court for recovery of the money due from the petitioner and the learned trial court vide order dtd. 12/9/2012, rejected the application preferred by the petitioner under Order 9 Rule 11 CPC for setting aside the ex parte judgment and decree dtd. 25/11/2005. Against the rejection of the application under Order 9 Rule 11 CPC, the petitioner preferred S.B. Civil Misc. Appeal No. 2218/2012 before this Court and the same was allowed vide order dtd. 9/5/2014. The parties were directed to appear before learned trial court and the learned trial court was directed to proceed with the suit from the stage of service of summons and was also directed to decide the same within a period of one year. In these circumstances, the parties appeared before the learned trial court and the petitioner preferred an application under Order 7 Rule 11 CPC. While deciding that application, the learned trial court vide impugned order dtd. 15/10/2014, closed the filing of written statement by the petitioner. Aggrieved of the same, the present writ petition has been filed.