KAILASH NARAYAN Vs. CIVIL JUDGE (JD)

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioner/defendant put in appearance before the trial Court on 08.11.2005 and on the same day, submitted an application under Order 7 Rule 11 CPC which was rejected by the trial Court on 21.08.2006 and the case was fixed for further proceedings, instead of passing any order that what for the case has been fixed. On 28.08.2006, the petitioner submitted written statement and on the same day, the plaintiff submitted an application under Order 8 Rule 10 CPC obviously for passing the decree and objecting to the petitioner filing written statement after delay. This application under Order 8 Rule 10 CPC remained pending upto 20.04.2007 and on 20.04.2007, the trial Court ordered taking out of the record the written statement filed by the petitioner/defendant. Hence, this writ petition has been preferred by the petitioner.

(3.) IN view of the above reasons, this writ petition is allowed, the impugned order dt. 20.04.2007 is set aside and the written statement is taken on record on payment of costs of Rs. 1,000/ - which shall be paid either to the plaintiff or deposited by the defendant in the trial Court within a period of one month from today.