Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 979 of 2018 Petitioner :- Krishnaveer Singh And 3 Others Respondent :- Kamal Singh And 6 Others Counsel for Petitioner :- Geetam Singh Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 20.12.2016, the trial court has rejected the application filed by the plaintiff-petitioners in Original Suit No.27 of 2015 for rejecting the written statement filed by the defendants on the ground that they had not sought leave of the court under Order 1 Rule 8 CPC before filing the written statement. The contention of the plaintiff-petitioners was that the defendants in the written statement filed by them had set up a plea that the suit property is public property and is meant for use of the villagers and thus, according to the petitioners, such plea could only be raised by the defendants after seeking permission under Order 1 Rule 8 CPC.
The trial court has rejected the application by holding that the plaintiffs had instituted the suit with a specific allegation that the suit property belongs to their ancestors and has been inherited by them and not on the ground that it is public property and consequently, provisions of Order 1 Rule 8 CPC are not attracted. The revisional court has upheld the order of the trial court.
Learned counsel for the petitioners is not in a position to show as to how the provisions of Order 1 Rule 8 CPC are attracted in the facts of the instant case. In such view of the matter, this Court does not find any illegality in the impugned orders to warrant interference in exercise of power under Article 227 of the Constitution.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J) Order Date :- 28.2.2018 SL