NAZIR Vs. RAMJAN MOHD AND ANR

JUDGEMENT

(1.) This appeal under Order XLIII, Rule 1(u) CPC has been filed aggrieved against judgment dated 04.11.2008 passed by the Additional District Judge (Fast Track) No.5, Jaipur City, Jaipur, whereby, the appeal preferred by the respondents under Section 96 has been allowed and the judgment and decree passed by the trial court dated 23.07.2008 has been set aside and the matter has been remanded back to the trial court with a direction to provide opportunity to the respondents-defendants to lead evidence and, thereafter hear the parties and redecide the suit.

(2.) The brief facts of the appeal may be noticed thus: a suit seeking eviction and arrears of rent was filed by plaintiff Nazir against respondents-defendants regarding house situated at 3923 Kumharon Ki Nadi, Purana Tabela, Chokadi Ram Chandra, Jaipur. The suit was filed on the grounds of arrears of rent and bona fide necessity.

(3.) The defendants failed to file written statement and, therefore, the right to file written statement was closed by the trial court on 30.09.2003. The defendants filed application seeking permission to file written statement, which was dismissed on 15.01.2004, against which, writ petition was preferred before this Court, which also was dismissed on 02.11.2007.