- (1.) The present writ petition is directed against the order dated 4.4.2019, whereby the petitioners' right to file written statement has been closed.
(2.) The facts of the case are that the respondent no.1 filed a suit for permanent injunction on 11.12.2017. In the suit aforesaid, the respondents nos.2 to 5 filed an application under Order VII Rule 11 of the Code of Civil Procedure with a prayer to return the plaint. The said application was rejected by the learned trial Court vide its order dated 22.1.2019, while also requiring other defendants to file their written statement by the next date of hearing i.e., 5.2.2019, failing which, the right to file written statement would automatically be foreclosed.
(3.) A perusal of the proceedings of the learned trial Court reveals that despite peremptory order passed on 22.1.2019, the learned trial Court once again gave an opportunity to the defendants nos.1 to 4 and 9 to 14 to file written statement and fixed the date as 5.2.2019. Thereafter, the matter was fixed on 16.3.2019 on which date it was adjourned to 4.4.2019 awaiting written statement. On 4.4.2019, as no written statement came to be filed by the petitioners, right to submit written statement was closed and the matter was posted to 18.5.2019 for framing the issues.;