JAAN MOHD Vs. MOHAN LAL

JUDGEMENT

(1.) The present writ petition is directed against the order dated 12.10.2018, passed by the learned Additional Civil Judge No.3, Bikaner (hereinafter referred to as the 'Trial Court'), rejecting petitioners' application dated 22.02.2018, seeking leave to file written statement. The factual matrix of the case unfolds thus:-

(2.) The plaintiff Mohan Lal had filed a suit against the defendants (petitioners herein) in the year 2003, in which the defendants were given last opportunity to file written statement on 06.02.2006 and the matter was posted on 20.02.2006. As the petitioners failed to file written statement on the said date, their right to file written statement stood closed. The petitioners' right to lead evidence too was closed in the year 2016.

(3.) It is pertinent that subsequently the plaintiffs filed an application dated 18.01.2017, under Order VI Rule 17 of the Code of Civil Procedure indicating that due to inadvertence the neighborhood of the contentious plot had been wrongly mentioned, which application came to be allowed by the Trial Court on 29.02.2017.