LAXMINARAYAN Vs. MUNNIBAI

JUDGEMENT

(1.) Shri. K.K. Koushal, learned counsel for petitioner.

(2.) HEARD finally with consent. This writ petition under Article 227 of the Constitution at the instance of the defendant in the suit is directed against the order of the trial Court dated 3 -9 -2014 whereby the petitioner's application under section 151 of the Civil Procedure Code with the prayer for permission to participate in the further proceedings in the suit as also taking the written statement and documents on record, has been rejected.

(3.) LEARNED counsel for respondent has no objection to the said limited prayer. Having heard the learned counsel for parties, it is noticed that the trial Court referring to the earlier order of the trial Court dated 5 -5 -2014 as also the order of this Court in W.P. 4168/2014 has rejected the petitioner's application under section 151 of the Civil Procedure Code and not only refused to take the written statement and additional documents on record, but had also denied the petitioner, permission to participate in the further proceedings in the suit. The earlier application of the petitioner was under Order 9, Rule 7, Civil Procedure Code for setting aside the ex parte proceedings which was rejected by the trial Court, but even after rejection of the said application, the petitioner's right to participate in the further proceedings in the suit does not come to an end, therefore, the said order of the trial Court cannot be sustained and the writ petition is allowed by partly setting aside the impugned order of the trial Court and permitting the petitioner to participate in the further proceedings of the suit.