Honble RATHORE, J.–This writ petition is filed before the principal seat of High Court at Jodhpur. The learned single Judge vide order dated 27.11.2003 after hearing the learned counsel for the petitioner and considering this fact that the petitioners are not given reasonable opportunity to file the written statement as well as in the interest of justice has given one opportunity to take written statement on record on the cost of Rs. 3000/-. The petition was disposed of at admission stage.

(2). Against the order dated 27.11.2003 respondent Nos. 1 and 2 preferred an appeal before the Division Bench and the same was registered as D.B. Civil Special Appeal (W) No. 54/2004. The Division Bench of this Court has set aside the order passed by the learned single Judge dated 27.11.2003 and the writ petition was returned with the direction to the registry to transfer the writ petition to Jaipur Bench. The Division Bench has considered the submissions made on behalf of the respondent Nos. 1 and 2 that the learned single Judge while disposing of the writ petition has not looked into the provisions of Order 8 Rule 1 CPC. Since in the writ petition the petitioners have challenged the order passed

Click Here to Read the rest of this document