[2025:RJ-JP:1341] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4294/2024 1. Head Master, Government Seth Surajmal Shivprasad National Upper Primary Sanskrit School Chirawa, Tehsil Chirawa, District Jhunjhunu. 2. Director, Sanskrit Education, Government Of Rajasthan, Jaipur. 3. State Of Rajasthan, Through Chief Secretary, Jaipur, Rajasthan 4. Administrator, Rai Bahadur Seth Surajmal Shivprasad Praveshika Sanskrit School, Chirawa, Tehsil Chirawa, District Jhunjhunu. ----Petitioners Versus Rai Surajmal Bahadur Charitable Trust, A- Public Charitable Trust Registered Office 24, Badtala Street Kolkata (W. Bengal) Through Suman Kumar Datt Surpervisory Trustee Appointed By Honble High Court At Kolkata, Through Power Of Attorney And Manager Sonu Sharma S/o Shri Govind, Aged About 32 Years, Resident Of Chirawa, Tehsil Chirawa, District Jhunjhunu ----Respondent For Petitioner(s) : Ms. Manju Joshi, AGC For Respondent(s) : Mr. Daulat Sharma, Adv. HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 09/01/2025 This Civil Writ Petition has been filed by the petitioners- defendants (for short 'the defendants') against the order dated 13.02.2023 passed by Civil Judge, Chirawa, District Jhunjhunu in Case No.01/2021, whereby application under Section 151 CPC filed by the defendants has been dismissed. [2025:RJ-JP:1341] (2 of 3) [CW-4294/2024] Learned counsel for the defendants submits that respondent- plaintiff (for short 'the plaintiff') filed a suit against the defendants for eviction and recovery of use and occupation charges in which defendants filed an application under Order 7 Rule 11 CPC. The trial court granted time for filing written statement to the plaintiff but without deciding application filed by the defendants under Order 7 Rule 11 CPC, the trial court closed the defendants' right to file written statement on 03.11.2022. Learned counsel for the defendants also submits that defendants filed an application before the trial court under Section 151 CPC for deciding the application filed by him under Order 7 Rule 11 CPC first and to grant an opportunity for filing the written statement but trial court vide order dated 13.02.2023 dismissed the application filed by the defendants. Learned counsel for the defendants also submits that objection of the defendants under Order 7 Rule 11 CPC was pending. Defendants had not committed any delay in filing the written statement. So, order of the trial court be set aside. Learned counsel for the plaintiff has opposed the arguments advanced by learned counsel for the defendants and submits that trial court had granted ample opportunities to the defendants for filing the written statement. On 21.03.2022, last chance was granted to the defendants for filing the written statement. Defendants had not filed written statement till 03.11.2022. So, trial court rightly closed the defendants' right to file written statement. So, present petition being devoid of merit, is liable to be dismissed. [2025:RJ-JP:1341] (3 of 3) [CW-4294/2024] I have considered the arguments advanced by learned counsel for the defendants as well as learned counsel for the plaintiff. It is an admitted position that trial court had granted ample opportunities to the defendants for filing the written statement but defendants failed to comply the same. So, in my considered opinion, trial court rightly closed the defendants' opportunity to file written statement. So, present petition being devoid of merit, is liable to be dismissed. It is relevant to mention here that the defendants filed an application under Order 7 Rule 11 CPC on 21.04.2022 which was dismissed by the trial court vide order dated 24.11.2022. Learned counsel for the defendants has concealed this fact. Therefore, the Civil Writ Petition filed by the defendants is dismissed with cost of Rs.10,000/- to be deposited by the defendants with Rajasthan State Legal Services Authority, Jaipur. Pending application(s), if any, stand(s) dismissed. (NARENDRA SINGH DHADDHA),J Jatin /79