In Brief
A property rights suit was decreed ex parte against defendants who later sought to set aside the decree and file a written statement. The trial court allowed the application and set aside the decree but did not decide whether defendants could file a written statement. The High Court set aside the decree but imposed a blanket bar on filing a written statement. The Supreme Court held that since the prayer to file a written statement was expressly made but never decided by the trial court, the High Court cannot impose a bar. The trial court must now decide the question of permitting the written statement on its own merits.
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