RUPA RAM Vs. RAJMAL

JUDGEMENT

(1.) The petitioner, defendant in a suit for recovery of Rs.23,000/- as damages filed by the Respondent No. 1, has submitted this writ petition against the order dated 30-05-2005 passed by the learned trial Court refusing to take his written statement on record.

(2.) Brief facts relevant for determination of the questions involved in this writ petition are that the suit has been filed by the Respondent No. 1 on 13-09-2004 for recovery of Rs. 23.000/- as damages from the petitioner-defendant with the submissions that the house of the defendant was situated on the southern side of the house of the plaintiff; that the defendant filed a suit for declaration and perpetual injunction on 05-03-1998 asserting his ownership rights over a land of public chowk; that the said suit was dismissed by the trial Court after evidence; and that an appeal filed by the defendant was also dismissed on 14-11-2003 by the Additional District Judge, Bheenmal. The plaintiff has asserted that he has suffered serious mental agony and has also suffered financial losses for pairvi of such a baseless Cation and has claimed damages of Rs.23,000/- from the petitioner-defendant. The order-sheets annexure-3 show that appearance was put on behalf of the defendant on 05-10-2004 before the trial Court and the case was adjourned to 11-11-2004; it was taken up on 16-11-2004 and again time was granted for ming of written statement and the case was adjourned to 11-12-2004.

(3.) On 11-12-2004, the case was simply adjourned to 18-02-2005 while recording that the Presiding Officer had been transferred; and on the next date again it was recorded that the new Presiding Officer had not been posted and the case was adjourned to 10-03-2005.