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1985 Supreme(P&H) 385

J.V.GUPTA
Ranjit Singh – Appellant
Versus
Kartara Ram – Respondent


Judgment

J.V.Gupta, J.

1. This petition is directed against the order of the trial Court dated March 13, 1985, whereby the application filed on behalf of the plaintiff for permission to file the written statement to the claim of set off pleaded by the defendant was declined.

2. The plaintiff filed the suit for the recovery of Rs. 65,452/-. In the written statement filed on behalf of the defendants, counter-claim and set off were pleaded. The plaintiff was called upon to file replication. In spite of many adjournments, the replication was not filed by the plaintiff. On February 8, 1985, the learned counsel for the plaintiff stated at the Bar that the replication is not to be filed. Consequently, the trial Court framed the issues on that day and adjourned the case for the plaintiffs evidence on April 24, 1985. Meanwhile,the plaintiff moved an application dated March 5, 1985, for permission to file the written statement to the counter-claim and set off pleaded by the dependents in the written statement which prayer was declined by the trial Court by the impugned order.

3. After hearing the learned counsel for the parties, I am of the opinion that the provisions of Order 8, rules 6-A to

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