DINESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred against the order, passed by the learned Sub Judge-IX, Ranchi dated 30th September, 2008 in Money Suit No. 1 of 2004 whereby, the learned trial Court has allowed the Respondents, who are original Defendants, to file written statement even though previously on two different occasions stage of filing of the written statement was closed down.

(2.) Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that the present Petitioner is original Plaintiff, who has instituted Money Suit No. 1 of 2004. Thereafter, original Defendant Nos. 1, 2, 3, 5 and 7 did not file written statement and thereafter, the order was passed on 9th July, 2004 for proceeding ex-party whereas, Defendant Nos. 4 & 6 appeared on 27th August, 2004 and they also did not file written statement and therefore, another order was passed on 5th October, 2004 to proceed ex-party, in Money Suit.

(3.) It further appears that an application was given by original Defendant No. 7 for recalling of the order dated 9th July, 2004 and for Defendant No. 7, it was recalled and Defendant No. 7 filed his written statement.