Decided on October 10,2006

Service Selection Board, JAndK Appellant
Ulfat Jan Respondents


- (1.) THIS revision petition is directed against the order dated 20th April, 2006 passed by 3rd Additional Munsiff, Srinagar, in a case titled Ulfat Jan and others Vs. Services Selection Board and others, whereby and where -under application of petitioners -defendants for setting aside the exparte proceedings came to be dismissed.
(2.) HEARD . It appears that plaintiffs -respondents filed a suit before the learned District Judge, Srinagar, for passing a decree of declaration and permanent injunction on the grounds taken in the memo of plaint.
(3.) SUMMONS came to he issued to defendants. In response defendants -petitioners caused appearance and were directed to file written statement. Defendants -petitioners failed to file written statement and their defence came to be struck -of in terms of Order 8 Rule 10 Civil Procedure Code, hereinafter for short CPC vide order dated 24th May, 1999 and the respondents -plaintiffs were directed to lead evidence. Thereafter, it appears that exparte proceedings came to be drawn against the defendants -petitioners. It appears that on 24th February, 2001, plaintiffs -respondents moved application for permission to amend the plaint which came to be allowed vide order dated 2nd September, 2002. It is profitable to reproduce the operative part of the said judgment herein: - From the perusal of record, vide order dt. 24.05.1999, the right of defendants to file written statement was closed, as despite a number of opportunities, they have not submitted their written statement, as such I am of the view that in case of amendment, the pleadings are to be amended, but in the instant case since the defendants right to file written statement has already been struck of, therefore, the defendants have no right to file the amended written statement. Put up the main suit on 14 -9 -02. This application is accordingly disposed of and shall form part of the main file.";

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