SMT. RAJESHREE KHANDEWAL W/O LATE SHRI ASHOK KUMAR KUMAR, R/O 12/1, ALIPUR PARK ROAD, KOLKATA Vs. SH LAXMI NARAYAN SHARMA S/O SH KISHANLAL SHARMA R/O D

JUDGEMENT

(1.) Challenge in this writ petition is to the order dated 13/01/2016 passed by Additional District and Sessions Judge No. 17, Jaipur Metropolitan, whereby the court has allowed an application filed by the respondent-plaintiff under Order 8, Rule 10 and Sec. 151 C.P.C. and ordered that written statement be struck out from the record.

(2.) For the purpose of deciding the instant writ petition, facts in brief are that the respondents/plaintiffs filed a suit for declaration wherein it is alleged that the petitioner/defendant has no right or titles over the suit property as per agreement dated 18/02/1981 and 05/01/1994. It was prayed by the respondents that the petitioner be directed to handover the possession of the suit property as per the layout plan.

(3.) An application under Order 8, Rule 10 C.P.C. was filed on 24/08/2013, by the plaintiffs/respondents praying therein that the right of the defendants to file written statement may be closed and the court may be proceeded further as provided in Order 8, Rule 10 C.P.C.