- (1.) Both these writ petitions arise out of the same suit proceedings being civil suit No.52/2011, and therefore are disposed of by this common order.
(2.) The S.B. Civil Writ Petition No.5569/2013 arises out of the order dated 27.07.2012 passed by the Additional District & Sessions Judge, Baran (hereinafter referred to as "the trial court"), whereby the trial court has closed the right of the petitioners-defendants to file their written statement, and the S.B. Civil Writ Petition No.5570/2013 arises out of the order dated 22.02.2013, whereby the trial court has dismissed the application of the petitioner for setting aside the exparte proceedings drawn by the court on 19.01.2013.
(3.) The short facts giving rise to both these writ petitions are that the respondent No.2-plaintiff has filed the suit before the trial court against the petitioners-defendants seeking recovery of possession of the suit premises and for mesne profits, alleging interalia that the petitioner-defendant had taken the suit premises on lease vide the registered lease deed dated 21.04.2010, at the monthly rent of Rs.45,000/- of the period upto 31.03.2011. It has also been alleged in the plaint that as per the terms of the said registered sale deed, the petitioners-defendants were liable to pay the mesne profits @ 60,000/- per month, if they did not vacate the suit premises on or before 31.03.2011. Since the petitioners neither paid the mesne profits since 01.04.2011 nor vacated the suit premises, the suit has been filed by the respondent-plaintiff. In the said suit, the petitioners-defendants had filed their appearance, however had not filed the written statement within the prescribed time limit of 90 days. When the request was made by the counsel for the petitioners to extend the time limit to file the written statement, the said request has been rejected by the trial court vide the impugned order dated 27.07.2012. It appears that thereafter the trial court passed the order on 19.01.2013 to proceed exparte against the petitioners. The petitioners, therefore, filed an application on 19.02.2013 for setting aside the said order dated 19.01.2013. However, the trial court rejected the said application vide the impugned order 22.02.2013. Being aggrieved by both the orders dated 27.07.2012 and 22.02.2013, the present writ petitions have been filed by the petitioners.;