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2003 Supreme(Raj) 1464

SHIV KUMAR SHARMA
Vinod Pareek – Appellant
Versus
Civil Judge (Jr. Dn. ) Sawaimadhopur – Respondent


Advocates:
For the Petitioner:Mr. Himmat Singh, Advocate.

JUDGMENT

1. 1. In the civil suit filed in the month of April, 2002 by the plaintiff against the defendant petitioner, the learned trial court on November 13, 2002 granted time to the defendant petitioner to file written statement and posted the case on February 21, 2003. Again 15 days time was granted to the defendant petitioner and case was adjourned to July 9, 2003 for framing the issues. When the case was posted on July 9, 2003, the learned trial court closed the filing of the written statement as it could not be filed pursuant to the order dated February 21, 2003 and instead of framing the issues the case was posted for recording the evidence of the plaintiff. In this writ petition under Article 227 of the Constitution, the defendant petitioner impugnes the order dated July 9, 2003 of the learned Civil Judge (Jr. Dn.) Sawai Madhopur in civil suit No.56/2002.

2. It is contended on behalf of the defendant petitioner that written statement was filed on July 9, 2003, therefore interference under the supervisory jurisdiction is called for.

3. A close look at the order-sheets annexed with the petition reveals that learned trial court did not act within the bounds of its jurisdiction. H





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