1. Suit for perpetual injunction captioned Shanker Dass Gupta vs. Brij Lal is pending before the Court of Munsiff, Katra. Petitioner(defendant) has failed to file the written statement despite having availed numerous opportunities. On 29.11.2011, then on 07.12.2011 and 11.01.2012, there was no representation on behalf of the defendant. Order dated 11.01.2012 is impugned, in terms whereof right to file the written statement has been closed.

2. Petitioner (defendant) has filed an application for setting aside ex-parte proceedings and for extension of time for filing written statement, which has been dismissed vide order dated 21.05.2012. It has been observed that as against order dated 11.01.2012, remedy available is to file revision petition.

3. Since the revisional powers have been curtailed vis-`-vis such like orders in view of the proviso to Section 115 of CPC, so remedy of revision is not available. It is in view of this legal position petitioner has invoked supervisory jurisdiction of this Court under Section 104 of the Constitution of J&K State.

4. On behalf of respondent (plaintiff) Mr. Vikram Singh Advocate has entered appearance being on caveat, as such, caveat Nos.624/2012 an

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