JUDGMENT:- Rule. Returnable forthwith. Heard by consent of the parties.

2. By this petition the petitioner defendant in Regular Civil Suit No. 17/2004 takes exception to rejection of his application for permission to file reply and written statement on record.

3. The petitioner/defendant had appeared in the said proceedings before Civil Judge Jr. Dn., Patur on 16-7-2004. Instead of filing written statement on the same day he filed an application Exh.11 under Section 9-A of the Code of Civil Procedure taking exception to jurisdiction of the Civil Court. This application was decided by the learned Judge on 28-12005. On 3-2-2005 i.e. five days after rejection of his application under Section 9-A of the C.P.C., the defendant filed application for permission to file reply and written statement on record. With this application he annexed reply to application under Order 39, Rules 1 and 2, but did not annex any written statement.

4. The learned Judge considered plaintiff's objection to the leave sought by the defendant to file reply and written statement and rejected the application in toto, relying on judgment of this Court in Chintaman Sukhdeo Vs. Shivaji Bhausaheb, reported at 2004(4) Mh.

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