BHAGWAN PRASAD KUSHWAHA Vs. NARAYAN PRASAD KUSHWAHA

JUDGEMENT

(1.) BY this petition, the petitioners/defendants impugn the order dated 4-1-2005 (Annexure P/5), whereby the written statement filed by the petitioners/defendants no. 1, 2, 3 and 5 was declined to be accepted on the ground that the same have been filed beyond the prescribed time.

(2.) THE indisputable facts, in brief, are that the respondent No. 1/plaintiff filed a suit for declaration and permanent injunction on 3-9-2003 (3-8-2003) (Annexure P/1 ). The defendant No. 4 caused his appearance on 7-4-2004. Notices were served for appearance on 29-10-2003. The last date for filing of the written statement was given on 7-4-2004. As the defendants/petitioners could not file their written statement, the case was fixed on 15-5-2004 for hearing. On 15-5-2004 the petitioners/defendants made an application under Section 148 read with Section 151 of the Code of Civil Procedure, 1908 (for short, "the CPC")along with their written statement for taking the written statement on record beyond the prescribed time. It was stated in the application that the written statement could not be filed on or before 7-4-2004 as the petitioners/defendants' counsel had undergone eye operation. On 4-1-2005 after hearing both the parties, learned Civil Judge, Class II, Surajpur, declined to accept the written statement filed by the petitioners/defendants Nos. 1, 2, 3 and 5 on 15-5-2004. Thus, this petition seeking quashing of the order dated 4-1-2005 (Annexure P/5 ).

(3.) DESPITE service of notice, none appeared for respondent No. 1.