Mohammad Rafiq, J.:— This writ petition has been filed by the petitioners against order dated 15.01.2009 passed by Civil Judge (JD), Jaipur (West) Jaipur (for short ‘the trial court’) whereby their application dated 21.02.2008 has been dismissed and the prayer for allowing them to submit reply to counter claim has been declined.
2. Writ petition was filed way back on 26.03.2009, while notice of writ petition was issued on 08.07.2009, but no interim order was passed by this Court.
3. Learned counsel for the petitioners submit that the matter is still pending before the trial court, therefore, reply of the petitioners to counter claim be taken on record.
4. Perusal of the impugned order indicates that the defendants-respondents filed their written statement along with counter claim on 11.01.2006 The matter remained pending for reply of the petitioners-plaintiffs till 02.06.2007, thus, for more than one year and five months, yet the petitioners failed to file reply to counter claim. Not only this, the application for filing reply was itself filed belatedly thereafter on 21.02.2008 Contention of learned counsel for the petitioners is that the petitioners were not at fault because their advocate did not inform them about the same and they could not timely file the reply. Besides, it is submitted that earlier son of the attesting plaintiff fell sick and thereafter, the plaintiff himself fell sick, but no such particulars as to what steps were taken by the petitioners against their counsel for not informing them of filing reply to counter claim for more than one year. No particulars have been given by the petitioners as to which of the plaintiff fell sick and from what ailment he was suffering. No such particulars have been given by the petitioners even in the present writ petition. Now at this belated stage, this Court does not deem it appropriate to allow the petitioners to file reply to counter claim, which would further delay the proceedings.
5. In view of above, there is no merit in this writ petition and the same is accordingly dismissed.