S.B. CIVIL WRIT PETITION NO.9643/2008 Smt. Kaushlaya Devi Vs. Narendra Singhvi & Anr. Date of order : 11th March, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Anish Ahemad for the petitioner. Mr. J.K. Byaiya for the respondents. ------- 1. This writ petition is directed against the order dated 3.5.2008 whereby the learned trial court closed the defendant's evidence on the ground that since no written statement was filed by the defendant in eviction suit filed against him, he could not be permitted to lead any evidence in this regard as there are no pleadings on record by him. 2. As far as plaintiff's evidence is concerned, the learned counsel for the plaintiff-respondents submits that the defendant has already cross-examined the plaintiffs and, therefore, to this extent his rights have been protected. 3. After hearing learned counsels, this Court does not find any error in the impugned order dated 3.5.2008. Since no written statement was filed by the defendant, the learned trial court was justified in closing the defendant's evidence. 4. The writ petition being devoid of merit is hereby dismissed. [ DR. VINEET KOTHARI ], J. item No.s/2 babulal/