PRAHLAD ADOPTED Vs. ADDL DISTT AND SESSIONS JUDGE

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the impugned order dated 21. 07. 2008 by which the written statement which was already filed by the defendant on 26. 03. 2007 was not permitted to be taken on record on the objection being filed by the plaintiff.

(2.) THE learned trial court, as has been mentioned in the impugned order, has recorded that though the case was adjourned but no time was sought for filing the written statement by the defendant and ultimately after the lapse of nearly seven months, the written statement came to be filed on 26. 03. 2007 on which date the plaintiff objected to the same being taken on record which objection has been upheld.

(3.) IT is submitted by the learned counsel for the plaintiff that this fact has not been stated in any affidavit submitted by the defendant but on the contrary it has been submitted by the counsel for the defendant when this was the fact within the special knowledge of the defendant himself he should have filed the affidavit to this effect.