Oral Order:

1. Heard learned counsel for the parties.

Rule. By consent, rule made returnable forthwith. Learned counsel appearing for the respondents waives service. By consent of the learned counsel for the parties, the petition is taken up for hearing and final disposal at the admission stage itself.

2. Where, in any suit, after the defendant has appeared and filed written statement, the plaint is returned under Order VII Rule 10 of the Code of Civil Procedure, whether the defendant can file fresh written statement with the averments which did not find place in the original written statement filed before the Court which had no jurisdiction to entertain the suit, is the question raised in this petition.

3. The petitioners are original defendants (for short, “the defendants”). The respondents-plaintiffs (for short, “the plaintiffs”) instituted a suit being Special Civil Suit No.18 of 2008 in the Court of Civil Judge, Jr Dn, Kolhapur for recovery of an amount and in the alternative for specific performance of the agreement dated 3.3.2004. The suit was instituted in January, 2007. In February, 2007 the defendants appeared and filed written statement in the suit, raising a