NEMICHAND BURAD Vs. JORAWARMAL

JUDGEMENT

(1.) This writ petition is filed before the principal seat of High Court at Jodh- pur. The learned single Judge-vide order dated 27-11-2003 after hearing the learned counsel for the petitioner and considering this fact that the petitioners are not given reasonable opportunity to file the written statement as well as in the interest of justice has given one, opportunity to take written statement on record on the cost of Rs. 3000/-. The petition was disposed of at admission stage.

(2.) Against the order dated 27-11-2003 respondent Nos. 1 and 2 preferred an appeal before the Division Bench and the same was registered as D.B. Civil Special Appeal (W) No. 54/2004. The Division Bench of this Court has set aside the order passed by the learned single Judge dated 27-11-2003 and the writ petition was returned with the direction to the registry to transfer the writ petition to Jaipur Bench. The Division Bench has considered the submissions made on behalf of the respondent Nos. 1 and 2 that the learned single Judge while disposing of the writ petition has not looked into the provisions of Order 8, Rule 1 CPC. Since in the writ petition the petitioners have challenged the order passed by the Additional District Judge (Fast Track), Beawer, as such only Jaipur Bench has jurisdiction. Therefore, the matter is transferred from Jodhpur to Jaipur Bench.

(3.) The brief facts of the case are that the respondent Nos. 1 and 2 filed a civil suit against the petitioners for which notices were issued and the petitioner put up his appearance through the Advocate on 2-4- 2003 and filed an application under Order 7, Rule 11 for the maintainability of the suit. The matter was listed by the trial Court on the application under Order 7, Rule 11 filed by the petitioner. On several dates the time was sought for filing reply and ultimately the reply to the application was filed on 31- 7-2003. After filing the reply by the respondent Nos. 1 and 2 the petitioner filed an application under Order 8 Rule 1 stating therein that after notices were served on him he had gone to Bombay and had fallen sick as he was suffering from High Blood Pressure and since he was a heart patient the doctors advised him total bed rest.