MAHAVEER PRASAD CHEJARA Vs. ADDITIONAL DISTRICT JUDGE (FAST TRACK) NO 3, NAWALGARH, JHUNJHUNU, RAJ AND ORS

JUDGEMENT

(1.) With the consent of the learned counsels for the parties, the matter is heard finally at the admission stage.

(2.) The present petition filed under Articles 226 and 227 of the Constitution of India is directed against the order dated 9th March, 2009 passed by the Additional District Judge (Fast Track) No.3, Nawalgarh, Jhunjhunu (hereinafter referred to as 'the Trial Court') in Civil Suit No.33 of 2009, whereby the Trial Court has rejected the application of the petitioner-plaintiff to file affidavit in rejoinder to the written-statement filed by the respondents-defendants.

(3.) In the instant case, it appears that the petitioner-plaintiff has filed the suit seeking cancellation of sale deed executed by the respondent No.2, who happens to be the son of the petitioner, in favour of the respondent Nos.4 and 5. In the said suit, the respondent No.2 had filed the written-statement, to which the petitioner-plaintiff had sought to file the rejoinder. However, the learned Trial Court has not allowed the petitioner to file the said rejoinder by the impugned order, and therefore the present petition has been filed by the petitioner.