Sukhram, S/o. Haraji Ram vs Bagadu Ram, S/o Harji Ram

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 1541

REKHA BORANA
Sukhram, S/o. Haraji Ram – Appellant
Versus
Bagadu Ram, S/o Harji Ram – Respondent

Advocates Appeared:
For the Petitioners: Mr. Manas Khatri
For the Respondents: Mr. Roshan Lal

ORDER :

(Rekha Borana, J.)

1. The present writ petition has been preferred against the order dated 03.07.2024 passed by the Additional District Judge, Pokaran in Civil Original No.279/2017 (525/2016) (29/2013) whereby the application under Order 8 Rule 1, CPC as preferred on behalf of defendant Nos.1 & 2 has been rejected.

2. Vide the application under Order 8 Rule 1, CPC, it was prayed on behalf of defendant Nos.1 & 2 that they had signed the written statement as prepared by their the then counsel and handed over the same to him. However, the same was not filed by the counsel and subsequently, the matter was transferred to the newly constituted Additional District Court at Pokaran. When the matter was transferred to Pokaran, it was fixed for plaintiff evidence. Therefore, the counsel appointed at Pokaran was under the impression that the written statement had already been filed. It is only on 16.05.2024, when the counsel read the order-sheet of the said date, that he came to know that the written statement had not been filed on behalf of the said defendants. Therefore, the application under Order 8 Rule 1, CPC was preferred on the very next date.

3. Learned counsel for the petitioners