SALIM KHAN Vs. NARGIS BEGUM

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution assails the orders dated 17.8.2009 (Annexure P/1) and 9.11.2009 (Annexure P/5),

(2.) The petitioner/defendant was noticed by the trial court. The summons were served on him on 2.2.2009. Thereafter, ample opportunities were granted to the petitioner to file written statement but he did not file the written statement. Accordingly, by order dated 17.8.2009 the right to file written statement was closed.

(3.) Shri T.C.Narwariya, learned counsel for the petitioner, contended that the earlier counsel did not inform the petitioner/defendant that after receiving summons the petitioner must file written statement. Later on, another counsel was engaged to file an application on 22.9.2009 under Section 151 of the Code of Civil Procedure. This application was decided by order dated 9.11.2009. Shri Narwariya submits that for the fault of the Advocate, the litigant/petitioner cannot be made to suffer. He submits that the court below has erred in passing the impugned order. On the contrary, the court below should have granted further time to the petitioner to file written statement. In support of his contention, Shri Narwariya relied on (Zolba vs. Keshao and others, 2008 2 MPLJ 478); (Shaikh Salim Haji Abdul Khayumsab vs. Kumar and others, 2006 1 MPLJ 11); (Kailash vs. Nanhku and others, 2005 4 SCC 480) and (Mithumal and others vs. Kavita and others, 2003 3 MPLJ 560).