JUDGMENT

1. By this petition preferred under Article 227 of the Constitution of India the petitioner/plaintiff has challenged the order dated 07-12-2019 passed in Civil Suit No. 8A-2017 by Civil Judge Class-I, Sendhwa, District Badwani whereby application under Order 8 Rule 1 of the CPC filed by him for closing the right of defendant/respondent for filing its written statement has been rejected.

2. Facts of the case are that on 27-02-2017 the plaintiff instituted an action for declaration and permanent injunction. Upon service of summons upon it the defendant entered appearance before the trial Court on 02-03-2017 and filed an application under Order 7 Rule 11 of the CPC for rejection of the plaint which was rejected on 07-03-2017 fixing the case for 15-03-2017 for filing of written statement. Thereafter time was again granted to defendant to file the written statement. It had also raised an objection as regards maintainability of the suit under the provisions of Arbitration and Conciliation Act, 1996 which objection was also turned down. Time was granted to defendant to file written statement. Thereafter the Court was vacant and subsequently defendant again prayed for and was grante