Dinesh Chandra Somani, J. - (1.) The instant Civil Writ Petition has been filed under Article 226 and 227 of the Constitution of India by the defendant No. 4/petitioner assailing the order dt. 13/05/2013 passed by Additional Civil Judge (Senior Division) No. 2, Jaipur Metropolitan, Jaipur in Civil Suit No. 23/2009 Dhabariya Aglomerates Pvt. Ltd. vs. Nand Fashions & Ors., whereby the right of filing the written statement of the petitioner was closed, and order dt. 28/01/2014 passed by the same Court in the same matter, whereby the application filed by the defendant No. 4/petitioner under Sec. 151 of CPC for taking the written statement on record, was dismissed.
(2.) Skeletal material facts necessary for disposal of this writ petition are that respondent No. 1 filed a civil suit for permanent and mandatory injunction with prayer to restrain the defendant/respondents to raise any kind of construction over the property of plaintiff/respondent No. 1 and also to demolish the construction made on the property. The petitioner was added later on at the request of plaintiff/respondent No.1 and thereafter, learned trial Court issued summons to the petitioner and in compliance of summon, the petitioner appeared before the learned trial Court. On 30/04/2013, the matter was fixed for filing of the written statement and it was adjourned at the request of the defendant No. 4/petitioner on cost of Rs.500/- and next date 13/05/2013 was fixed for written statement. On 13/05/2013, written statement was not filed, therefore, right to file written statement was closed and the case was fixed for framing of issues. On 26/07/2013, the defendant No. 4/petitioner filed an application under Sec. 151 of CPC along with written statement with prayer of taking the same on record. Plaintiff/respondent did not file any reply to the application. After hearing learned counsel for the parties, the learned trial Court dismissed the application vide impugned order dt. 28/01/2014.
(3.) Being dissatisfied with the order dt. 13/05/2013 and 28/01/2014, the defendant No. 4/petitioner has filed this writ petition.;