DALIP SINGH, J. - (1.) HEARD learned Counsel for the petitioner.
(2.) THE petitioner, in this writ petition, has challenged the order dated 01.05.2007 by which the application submitted by the plaintiff -petitioner under Order 8 Rule 1 C.P.C. for closing the defence of the defendant and ordering for striking out from the record the written statement filed by the defendant has been rejected. It is not in dispute that vide Annexure -2 ordersheet dated 03.06.2004, the court had granted adjournment to the defendant for filing the written statement and fixed the date as 12.08.2004. The ordersheet dated 12.08.2004 reads as follows: ...[VERNACULAR TEXT OMITTED]...
(3.) THE said ordersheet is available as Annexure -3 on record. It is not in dispute that the order dated 03.06.2004 (Annexure -2) by which the time was granted to the defendant No. 1 for filing the written statement by the learned trial court was not challenged by the petitioner. The order dated 12.08.2004 quoted hereinabove, by which it is recorded that the written statement of the defendant No. 1 which has been filed has been taken on record was also not challenged by the petitioner.;