(Smt. Pushpa (Dead) Thr. Legal Representative Hukum Chand

Garg Vs. Vishnu Kumar)

Gwalior, dated: 18.02.2021

Shri Aditya Sharma, Advocate for the petitioner.

No one appears for the respondent even though served.

In this petition under Article 227 of the Constitution of

India, the petitioner has assailed the validity, propriety and illegality of the order dated 10.09.2018 passed in Civil Suit No.9B/2015 by the 3rd Civil Judge, Class-II, Sheopur, whereby application filed by the petitioner seeking permission to file written statement under Order 22 Rule 4(2) of the Civil Procedure Code has been rejected.

2. respondent/plaintiff has filed a civil suit seeking recovery of the amount of Rs.3,13,600/-. The petitioner/defendant filed the written statement denying the plaint averments. In para 4, it was specifically stated that the plaintiff/respondent has filed a suit showing the wrong measurement and himself has demolished the construction and thereafter constructed the shutter before the drain (Nala). During pendency of the suit, the original defendant- Smt. Pushpa Bai expired, as a result, the present petitioner Hukum Chand Garg was impleaded as legal representative of deceased Pushpa Bai. Soo