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2003 Supreme(Raj) 1459

SHIV KUMAR SHARMA
Agarwal Shiksha Samiti – Appellant
Versus
Addl. Civil Judge (Jr. Dn. ) No. 2, Beawar – Respondent


Advocates:
For the Petitioners:Mr. Jai Parkash Gupta, Advocate.

JUDGMENT

1. 1. Invoking supervisory jurisdiction under Article 227 of the Constitution of India the defendant petitioner seek to quash the impugned order dated August 13, 2003 whereby the written statements filed by them were ordered to be removed out of the record by the learned Additional Civil Judge (Jr. Dn.) No.2, Beawar (Ajmer) in civil suit No.17/1998. It appears from the record that plaintiffs in the civil suit sought declaration in regard to agricultural land. The service of summons was effected on the defendants petitioners on February 26, 1998 and they moved an application under Order 7 Rule 11 Civil Procedure Code for rejecting the plaint on the ground that the suit was not maintainable in the civil Court. On November 4, 1999 the application was rejected and suit was posted for filing the written statement. The case thereafter was adjourned from time to time. On August 1, 2003 and August 2, 2003 the defendants petitioners filed written statement, on the basis of oral objection of the plaintiffs the written statements were ordered to be removed from record.

2. After having heard the submissions urged in support of the writ petition, I am of the opinion that before taking d





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