Honble RATHORE, J.–Since these three writ petition involve common question of law and at the request of learned counsel for the parties, these three writ petitions are finally heard at this stage and being decided by this common order. The facts of Shiv Ram Singhs case (SBCWP No. 188/2004) are being taken as a leading case.

(2). The respondent No. 1 filed a civil suit No. 212/2002 before the Court of Additional District Judge No. 5, Jaipur City, Jaipur in which notices were issued to the defendants. The petitioner- defendant was served with the notice on 10.3.2003. The petitioner appeared before the Court on 20.3.2003 and the matter was posted on 31.3.2003. Again the matter was fixed on 30.4.2003 for filing the written statement. On that date, the petitioner defendant was not able to file written statement. Another opportunity was granted to the petitioner-defendant for filing written statement on the cost of Rs. 100/- and the matter was posted on 21.5.2003.

(3). On 21.5.2003, due to transfer of Presiding Officer, the matter was adjourned to 22.7.2003. In the meantime, the plaintiff moved an applications under Order 8 Rule 10 and under Section 10 of CPC praying to struck the defence

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