1 SB Civil Writ Petition No.464/2009 Pukha & Anr. vs. Dhana & Anr. S.B. Civil Writ Petition No.464/2009 Pukha & Anr. vs. Dhana & Anr. Date : 22.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.IR Choudhary, for the petitioners. - - - - - Heard learned counsel for the petitioners. The petitioners' application filed under Order 8 Rule 1 CPC was dismissed by the trial court vide order dated 3.11.2008. The petitioners' summons were served as per the order-sheet dated 9.9.2004 and yet no written statement was filed by the petitioners and they did not appear till October, 2008 and in October, 2008, they moved application under Order 8 Rule 1 CPC that their written statement be taken on the record. In the application, it is stated that the summons were not served upon the defendants no.2 and 3 and a day before the date fixed for evidence, the plaintiff himself came and informed about pendency of the suit, then they submitted 2 SB Civil Writ Petition No.464/2009 Pukha & Anr. vs. Dhana & Anr. the written statement. The facts mentioned in the application itself clearly suggest that the defendants' plea appears to be concocted one also. They failed to explain why the plaintiff came to them after four years of ex-parte proceedings in his suit to inform them that the plaintiff's evidence will be taken on the next date in the Court, therefore, they should come and file the written statement. In view of the above, the trial court has not committed any illegality in rejecting the petitioners' application and denying them to file the written statement. In view of the above, there is no merit in the writ petition and the same is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya