HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil Writ Petition No. 16568 / 2017

Nasir Hussain S/o (late) Shri Mohammad Hussain, aged 69 years,

B/c Mulsim R/o House No.383, Farshipada, Brijrajpur, Kota.

----Defendant-Petitioner

Versus

1. Imdad Hussain S/o (Late) Shri Mohammad Hussain, aged 77

years, B/c Muslim, R/o 1-D-24, Vigyan Nagar, Kota.

2. Khadim Hussain S/o (Late) Shri Mohammad Hussain, aged 72

years, B/c Muslim, R/o 18-A, Adarsh Colony, Kota.

----Plaintiff-Respondents

3. Mohammad Yusuf S/o (Late) Shri Mohammad Hussain, aged 56

years, B/c Muslim, R/o 383, Farshipada, Brijrajpuri, Kota.

_____________________________________________________

For Petitioner(s) : Mr. Rinesh Gupta.

For Respondent(s) : Mr. Mukesh Sharma.

_____________________________________________________

HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI

Order

20/11/2017

Heard learned counsel for the parties.

Learned counsel for the petitioner submits that he has

no grievance with the impugned order to the extent of dismissal of

the application filed by the defendant-petitioner under Order 7

Rule 11 CPC. Learned counsel also submits that he is assailing the

impugned order only to the extent it decided the application of the

plaintiff-respondents filed on 25.02.2015 to close the right of

defendant to file written statement and to keep the written

statement beyond the record. Learned counsel further submits

that the learned trial Court ought to have taken the written

statement on record and the plaintiff could have been

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[CW-16568/2017]

compensated by way of costs for the inconvenience, if any, caused

to the plaintiff due to late filing of the written statement.

Learned counsel for the plaintiff-respondents submits

that he has no objection, if the prayer (supra) of learned counsel

for the petitioner is allowed and the impugned order to that

extent, is set aside on payment of cost.

In view of the above and looking to the totality of the

facts and circumstances of the case, the ends of justice would be

served, if the writ petition is partly allowed and the impugned

order dated 11.08.2017 is set aside to the extent of closing the

right of the defendant/petitioner to file written statement and

keeping the written statement beyond the record.

Therefore, the petition is partly allowed and learned

trial Court is directed to take the written statement on record on

payment of cost of Rs.2,500/-, provided the defendant/petitioner

pays the amount to the plaintiffs or deposits in learned trial Court

within four weeks from today.

Accordingly, the writ petition stands disposed of.

In view of above order, the stay application is also

disposed of.

( DINESH CHANDRA SOMANI)J.

A.Arora/-32.