[2025:RJ-JP:1636] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6941/2017 1. Santra Devi Wife Of Kulda Ram 2. Mohan Lal Son Of Girdhari Lal 3. Sharda Devi Wife Of Mohan Lal, All R/o Mohalla Bani Khatikan, Khandela, Tehsil Srimadhopur, District Sikar. ----Petitioners Versus 1. Matadin @ Mataul Singh Son Of Sedu Ram, Khandela, Tehsil Srimadhopur, District Sikar. 2. Gulab Devi @ Guldi Widow Of Mahadaram Deceased 3. Falya Son Of Bhagwana Ram 4. Bhagwana Son Of Kalya, All R/o. Dhani Balawali, Tan Daira, Khandela, Tehsil Srimadhopur, District Sikar. 5. Sub-Registrar, Khandela, Tehsil Srimadhopur, District Sikar. 6. Patwari, Halka Khandela, Tehsil Srimadhopur, District Sikar. 7. Tehsildar, Srimadhopur, District Sikar. ----Respondents For Petitioner(s) : Mr. Vidhut Gupta, Adv. For Respondent(s) : None HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 10/01/2025 This Civil Writ Petition has been filed by the petitioners- defendants (for short 'the defendants') against the order dated 09.03.2017 passed by Senior Civil Judge No.2, Srimadhopur, District Sikar in Civil Suit No.76/13, whereby application filed by the defendants for correction in the court's order-sheet and granting them opportunity to file written statement has been dismissed. [2025:RJ-JP:1636] (2 of 3) [CW-6941/2017] Learned counsel for the defendants submits that respondent No.1-plaintiff (for short 'the plaintiff') filed a suit for specific performance of contract and permanent injunction against the defendants in which defendants filed an application under Order 7 Rule 11 CPC but the said application was dismissed on 30.04.2016 and the defendants' opportunity to file written statement was closed and the matter was posted for plaintiff's evidence, whereas the service of summons upon defendant No.1 was never affected. They filed an application before the trial court for correction in the court's order-sheet and for granting an opportunity to file written statement before the trial court vide order dated 09.03.2017 dismissed the application filed by the defendants. So, order dated 09.03.2017 passed by the trial court be set aside and court's order-sheet be corrected and trial court be directed to grant an opportunity to file written statement. I have considered the arguments advanced by learned counsel for the defendants and perused the impugned order. It is an admitted position that service of summons upon defendant No.1 was not complete. So, the trial court had committed error in dismissing the application filed by the defendants. So, present petition filed by the defendants deserves to be allowed on payment of cost of Rs.10,000/-. Accordingly, the Civil Writ Petition filed by the defendants is allowed. The order dated 09.03.2017 passed by the trial court is set aside. Trial court is directed to grant an opportunity to the defendants to file written statement and in the event the same is filed, take the same on record, subject to payment of cost of [2025:RJ-JP:1636] (3 of 3) [CW-6941/2017] Rs.10,000/- by the defendants to the plaintiff on or before next date of hearing. Pending application(s), if any, stand(s) disposed of. (NARENDRA SINGH DHADDHA),J Jatin /142