JUDGMENT

1. The order dated 16th March, 2022, passed by the learned Additional District Judge (?the learned ADJ"), in CS DJ 579159-2016 (Raj Kumar Singhal v. Sunita Devi), which forms subject matter of challenge of challenge in the present petition instituted under Article 227 of the Constitution of India, rejects an application filed by the petitioner, as the defendant in the suit, under Order XVIII Rule 17 of the Code of Civil Procedure, 1908 (CPC).

2. Given the nature of the controversy in the present case, it is not necessary to advert to the dispute in the suit. Suffice it to state that, the learned ADJ deemed it appropriate to direct the defendant (the present petitioner) to lead evidence first. Accordingly, on 8th August 2018, affidavit in evidence was filed by the petitioner along with certain document, without, however, any accompanying application under Order VIII Rule 1A (3) of the CPC to take the said documents on record. No such application was filed by the petitioner even before the next date of hearing which was 31st October 2018.

3. Accordingly, on 31st October 2018, on which date there was no appearance on behalf of the petitioner-defendant, the matter was passed over