SHRI RAMASHANKAR S/O LATE SHRI RAMSWAROOP GRAND SON OF SHRI BADRI NARAYAN Vs. HONBLE ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) The instant petition under Article 227 of the Constitution of India has been filed by the plaintiff/petitioner assailing the order dated 27.02.2012 passed by learned Additional District Judge No. 9, Jaipur Metropolitan, Jaipur (hereinafter referred as "the learned trial Court"), whereby the learned trial Court allowed the application dated 26.09.2011 filed by the defendant No. 2 and 4 under section 151 of CPC and the application dated 12.10.2011 filed by the defendant No. 3 under Order 8, Rule 1 read with section 148 of CPC on cost of Rs. 1,000/- each.

(2.) The skeletal material facts necessary for disposal of this petition are that the plaintiff/petitioner filed a suit for partition of joint family properties. A separate application for grant of temporary injunction was also filed. The defendants were served with the summons on 26.05.2011. The next date in the civil suit was 27.05.2011. On 27.05.2011, the defendant No. 1 did not appear despite service thus ex parte proceedings were drawn against him and defendant No. 2 to 4 sought adjournment to file written statement. On next date 15.07.2011, the defendant No. 2 to 4 again sought adjournment to file written statement. On next date 19.08.2011, right of the defendant No. 2 to 4 to file written statement and reply to the T.I. Application was closed because they did not file written statement and reply. Thereafter on 26.09.2011, defendant No. 2 and 4 filed an application under section 151 of CPC along with written statement. The defendant No. 3 also filed an application on 12.10.2011 under Order 8, Rule 1 read with section 148 of CPC along with written statement. The plaintiff/petitioner filed reply to both the applications and contested the same.

(3.) After hearing the parties, learned trial Court allowed both the applications on cost of Rs. 1,000/- each vide impugned order dated 27.02.2012 and the written statements and reply to the T.I. application were taken on record.