DHABARIYA AGLOMERATES PVT. LTD. Vs. SIDDARTH ORGANIZATION

JUDGEMENT

(1.) The instant Civil Writ Petition has been filed under Article 226 and 227 of the Constitution of India by the defendant No. 4/petitioner assailing the order dated 13/05/2013 passed by Additional Civil Judge (Senior Division) No. 2, Jaipur Metropolitan, Jaipur in Civil Suit No. 23/2009 Dhabariya Aglomerates Pvt. Ltd. v. Nand Fashions and Ors. , whereby the right of filing the written statement of the petitioner was closed, and order dated 28/01/2014 passed by the same Court in the same matter, whereby the application filed by the defendant No. 4/petitioner under Section 151 of CPC for taking the written statement on record, was dismissed.

(2.) Skeletal material facts necessary for disposal of this writ petition are that respondent No. 1 filed a civil suit for permanent and mandatory injunction with prayer to restrain the defendant/respondents to raise any kind of construction over the property of plaintiff/respondent No. 1 and also to demolish the construction made on the property. The petitioner was added later on at the request of plaintiff/respondent No.1 and thereafter, learned trial Court issued summons to the petitioner and in compliance of summon, the petitioner appeared before the learned trial Court. On 30/04/2013, the matter was fixed for filing of the written statement and it was adjourned at the request of the defendant No. 4/petitioner on cost of Rs.500/- and next date 13/05/2013 was fixed for written statement. On 13/05/2013, written statement was not filed, therefore, right to file written statement was closed and the case was fixed for framing of issues. On 26/07/2013, the defendant No. 4/petitioner filed an application under Section 151 of CPC along with written statement with prayer of taking the same on record. Plaintiff/respondent did not file any reply to the application. After hearing learned counsel for the parties, the learned trial Court dismissed the application vide impugned order dated 28/01/2014.

(3.) Being dissatisfied with the order dated 13/05/2013 and 28/01/2014, the defendant No. 4/petitioner has filed this writ petition.