Code of Civil Procedure, 1908–Order 8, Rule 1–Prayer for taking the written statement on the record with the contention that the petitioner was under impression that it has been filed when the matter was transferred to another Court–Rejection of application–It is a classic example of irregularities by not only the parties but also the Courts concerned–After the application under Order 9, Rule 7 having been allowed and specific time given for filing the written statement, the same was not filed and the issues were framed in the presence and with consent of counsels–After the matter was transferred to Pokaran Court, the application under Order 8, Rule 1(3), filed by the defendants was allowed without any objection–Prior to that, an application under Order 11, Rule 17, filed by defendants had been rejected–Matter was proceeded for defendant’s evidence and no objection was raised on behalf of plaintiffs–Further, the matter remained at the stage of defendant’s evidence for a period of four years–Ground taken by the defendants that they were not aware of filing the written statement, cannot be accepted, however, they deserve to be granted a benefit of doubt–Application deserves to be allowed on the cost of Rs. 10,000/-.
