Brij Lal @ Vijay Kumar S/o Shri Maga Ram v. Durga Mata Trust, Sardarshahar
2004-04-13
SUNIL KUMAR GARG
body2004
DigiLaw.ai
JUDGMENT 1. - The petitioner-defendant has filed the present writ petition u/Art. 226 of the Constitution of India on 7.1.2004 against the respondent with a prayer that by an appropriate writ, order or direction the order dated 28.10.2003 (Annex.2) passed by the learned Civil Judge (J.D.), Sardar Shahar by which right of the petitioner-defendant to file written statement was closed be quashed and set aside. 2. It may be stated here that since right of filing written statement is very valuable right of a party to contest the suit and thus, in the interest of justice, it is just and proper to give one more chance to the petitioner to file written statement. 3. The learned counsel for the respondent has submitted that if one more chance is given to the petitioner-defendant to file written statement, some cost be imposed on him.For the reasons mentioned above, the present writ petition is allowed and the order dated 28.10.2003 (Annex.2) passed by the learned Civil Judge (J.D.), Sardar Shahar is quashed and set aside and one more chance is given to the petitioner-defendant to file written statement within 15 days from today before the learned trial Court, at the cost of Rs. 500/- payable to the plaintiff-respondent.Writ Petition allowed. *******