SUNIL PARGAL vs CHUNI LAL AND ANR

The petitioner has filed the instant petition seeking the following relief;

i) Writ of Certiorari whereby order passed by respondent No.2 dated 16.12.2017 in file No.275/Civil titled “Chunni Lal v/s Sunil Pargalâ€

purportedly passed under Order 8 Rule 1 of Civil Procedure Code, Svt. 1977 may be set aside, quashed and declared voidab initio by the Hon’ble

Court being in the humble opinion of the petitioner illegal which is occasioning substantial failure of justice, with costs.

ii) Writ of mandamus commanding the respondent No.2 to provide an opportunity to the petitioner to file written statement in the suit bearing

No.275/Civil titled “Chuni Lal V/s Sunil Pargal†and in application under order 39 Rule 1&2 read with Section 151 CPC in the interest of justice

and fair play.Â

With the consensus of learned counsel for the parties, the matter is taken up for final consideration and the same is disposed of by allowing the

petitioner/defendant to file written statement within one week from todaybefore the court below, subject to payment of costs of Rs.1000/-.

It is made clear that no further opportunity of filing written statement shall be provided to the petitioner/defendant by the trial Court.