- (1.) THE present petition has been filed by the petitioners-original defendants challenging the order dated 10.5.06 passed by the Civil Judge (Jr. Div.), Dudu, District Jaipur (hereinafter referred to as 'the trial court') in Civil Suit No. 35/05, whereby the trial court has refused to take on record the written statement filed by the petitioners-defendants in the suit.
(2.) HEARD the learned counsels for the parties. It appears that the original respondent Rahim Khan, who died during the pendency of the petition had filed the suit seeking eviction of the petitioners-defendants in respect of the suit property. The petitioners did not file the written statement despite sufficient opportunity having been granted by the trial court. It further appears that on 21.5.05 the petitioners were given last opportunity to submit their written statement on the payment of the cost of Rs. 50/-, however thereafter also the petitioners did not file the written statement and the same was filed on 25th August,2005. The trial court, therefore, did not permit the petitioners to file the written statement. Being aggrieved by the said order, the present petition has been filed.
(3.) IT has been submitted by Mr. D.K. Dixit for Mr. A.K. Bajpai learned counsel for the petitioners that the court had granted last opportunity on 21.5.05 to file the written statement on 5.7.05, however on 5.7.05 the advocates suspended the work of the court on account of death of Hon'ble Justice P.K. Banerjee and on the next date on 25.8.05 the written statement was filed by the petitioners. According to the learned counsel for the petitioners the said written statement be taken on record in the interest of justice.;