ORDER :

1. Whether an application under Order IX Rule 7 of CPC could be filed after the suit is posted for judgment is the short question that arises for consideration in this petition filed under Articles 226 and 227 of the Constitution of India.

2. The outline facts leading to the petition are as follows:

Respondent No. 1 herein filed a suit for declaration and permanent injunction against the petitioner and respondent No. 2 herein in O.S. No. 53/2016 before the Principal Senior Civil Judge, Raichur. This plaint was returned to respondent No. 1/plaintiff to present the same before the jurisdictional Court on 16.03.2016. Respondent No. 1 appears to have taken return of the plaint on the same day and presented the same before the Court of the Principal Civil Judge and JMFC on the same day i.e. on 16.03.2016. The records disclose that it was made over to the II Additional Civil Judge for disposal on 17.03.2016, but the order sheet in O.S. No. 75/2016 manifests that on 16.03.2016 the learned Civil Judge issued summons to defendant Nos.1 and 2. It is recorded therein that the summons were served on the petitioner/defendant No. 1, but he failed to appear before the Court and was placed ex