( 1 ) A very short but important question of law has arisen in this Civil Revision, namely, whether the Trial Court has the power to entertain the written statement filed by the defendant, after the Trial Court completed the ex parte hearing of the suit and adjourned the matter for delivery of judgement. The facts which are necessary for deciding this question are stated as follows : -

( 2 ) THE petitioner as plaintiff instituted a suit being Title Suit No. 1958 of 1980 before the learned Judge IXth Bench in the City Civil Court, Calcutta. The said suit was against the Corporation of Calcutta and others, inter alia, for a declaration that the defendant is entitled to the renewal of building plan from Calcutta Corporation and for permanent injunction restraining the defendants, their agents and servants from interfering with the right of the petitioner to undertake the construction in accordance with renewed sanctioned plan in respect of the premises in suit and for a mandatory injunction to renew the said plan and for other reliefs. Even though the opposite parties were given several opportunities to file the written statement, even after the suit was fixed f