- (1.) The petitioner is defendant No.4 in the suit. While the defendant No.1 to 3 appeared and filed written statement the defendant No.4 kept away. According to the process server the defendant No.4 was properly served with the summons.
(2.) At a later stage of the suit the petitioner appeared and sought time to file a written statement which has been rejected by the trial Court vide impugned order.
(3.) On 15.2.2010 while hearing this petition the following order was passed: "02/15.02.2010 It has not been shown as to why the defendant No.1 to 3, who are brothers of the defendant No.4 and who had not only appeared in the suit but also filed W.S. and were contesting the suit, would not inform their brother, i.e. defendant No.4, who is petitioner in this case. Detailed explanation of this fact is needed, failing which the petition would be liable to be dismissed. List this case after four weeks.";