KULDEEP SINGH Vs. PARMINDRA SINGH

JUDGEMENT

(1.) This writ petition has been filed aggrieved by the orders dated 18.10.2011, whereby, the applications filed by the respondent under Order VIII, Rule 1 CPC for excluding the written statement and reply to temporary injunction application filed by the petitioner was dismissed but it was ordered that the petitioner would pay a cost of L 10,000/- each then the written statement and reply to temporary injunction application would be taken on record.

(2.) Brief facts of the case are that a suit for specific performance was filed on 05.04.2010. The trial court issued notices of the suit as well as application for temporary injunction and the first date fixed in the matter was 13.04.2010. The petitioner-defendant put in his appearance on 06.10.2010 and thereafter the matter was adjourned from time to time awaiting his written statement. The learned trial court by its order dated 27.05.2011 granted last opportunity to file written statement and reply to temporary injunction application and fixed 29.07.2011 as the next date. On account of 29.07.2011 being holiday, the matter was taken up on 30.07.2011 and on 30.07.2011 the written statement and reply to temporary injunction application was filed and on the same date the plaintiff filed applications under Order VIII, Rule 1 CPC seeking exclusion of the said written statement and reply to temporary injunction application the same having been filed after the prescribed period without any sufficient cause.

(3.) I have heard learned counsel for the parties and perused the material placed on record.