KAMAL KISHORE SONI Vs. INDIRA DEVI

JUDGEMENT

(1.) The petitioner (defendant no.2/1 in the pending suit) seeks quashing of an order dtd. 14/9/2023 (Annex.6) passed by the learned Additional District Judge No. 5, Jodhpur Metropolitan, in Civil Original Suit No. 73/2018, whereby the Trial Court rejected the petitioner's application under Sec. 151 of the CPC seeking to take on record the written statement filed by him.

(2.) Pending Civil Original Suit No.73/2018 is by now deceased - Smt. Indira Devi her LR"s, seeking a decree of partition and permanent injunction. Defendant No.1 filed a written statement denying the plaintiffs' claims, asserting that the suit property had already been partitioned.

(3.) Learned counsel for the petitioner argues that the Trial Court rejected the petitioner's application without properly considering the facts and circumstances of the case. There is/was sufficient cause for delay in filing the written statement, as the notice of the suit was never served upon petitioner, leaving him unaware of the suit's pendency. Despite this crucial fact, the Trial Court declined to taken on record the written statement.