SUGA AND ORS. Vs. BHERU AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have challenged the order dated 07.07.2006 whereby their written statement was closed and the order dated 09.02.2007, whereby their application filed under section 114 Code of Civil Procedure and Order 41 read with Sec. 151 Code of Civil Procedure to accept their written statements on record, was rejected.

(3.) Learned counsel for the petitioners argued that the plaintiff non-petitioner filed a suit for permanent injunction against the defendants-petitioners seeking a direction upon them not to enter the disputed property which he claimed to be his own and also not to raise any construction on it. Upon service of notice petitioners entered appearance through their advocate on 23.05.2006. The date which was lastly fixed for filing of the written statement was 2nd June, 2006 whereas the written statement could be filed with one day delay on 3rd June, 2006 because one of the defendant-petitioners Bheru was not available in town on 2nd June, 2006 and his signatures could not be obtained. The written statement was filed alongwith the application under Sec. 114 and 151 Civil Procedure Code read with Order 41 Code of Civil Procedure whereby the appeal was made to the Court to review the order dated 07.07.2006 on which date the written statement of the defendants was closed. It was argued that the Court had the power to review this order passed on 07.07.2006 who also in exercise of its powers under Sec. 151 accept the written statement on record.