LAWS(RAJ)-2019-10-102

TRUST MANDIR SHRI LADLI JI Vs. LAVESH GOSWAMI

Decided On October 14, 2019
Trust Mandir Shri Ladli Ji Appellant
V/S
Lavesh Goswami Respondents

JUDGEMENT

(1.) This writ petition has been placed before this Court in view of the observations of Coordinate Bench of this Court that the matter requires interpretation of an earlier order passed by this Court dated 09.01.2018 and its interpretation taken by the learned trial Court in its impugned order dated 12.07.2018.

(2.) The then learned Additional District and Sessions Judge No.4, Jaipur Metropolitan, has refused to take on record the written statement of the petitioners on the ground that this Court while setting aside the ex-parte proceedings undertaken against the petitioners vide order dated 21.10.2014 and also setting aside the order dated 23.07.2016 whereby application for setting aside moved before the concerned Court was rejected, was set aside observing that the trial Court may now proceed with the suit by framing issues.

(3.) Treating the aforesaid to mean that the trial Court was required to only frame issues and proceed further and not allow the petitioners to file written statement, the impugned order dated 12.07.2018 was passed. Aggrieved thereof, the petitioners have preferred the present writ petition.