Shree Chandrashekhar, J. - (1.) The petitioner, defendant no.3, is aggrieved of order dated 05.07.2010 by which his application for taking the written statement on record has been declined.
(2.) The petitioner is defendant no.3 in Title Suit No.29 of 2009.
(3.) The plaintiff has pleaded that he joined the service under the defendant-M/S CCL on 10.08.1990 and an official accommodation was allotted to him vide order dated 18.05.2004. The said quarter was under occupation of defendant no.3 who by that time had superannuated from service. The plaintiff has pleaded that when defendant no.3 refused to vacate the quarter he was constrained to institute the suit for his ejection. The petitioner was served summons in the suit on 16.07.2009 and he appeared in the suit on 14.09.2009. On the next two dates of hearing in the suit, that is, on 09.10.2009 and 23.11.2009 defendant no.3 was granted time for filing written statement, however, when he did not file the written statement by an order dated 18.12.2009 he was debarred from filing written statement.;