FAROOQUE Vs. ADDITIONAL DISTRCIT JUDGE BALRAMPUR & ORS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1,2 and 8 and learned counsel representing the respondent nos.3 to 7.

(2.) By means of the present writ petition, the petitioner is challenging an order dated 23.2.2012 passed by the respondent no.1 and the order dated 6.11.2008 passed by the respondent no.2 as well as order dated 6.5.2010 passed by respondent no.8 (Additional Civil Judge, Junior Division-II, District Daliganj).

(3.) Facts of the case are that Suit No.212 of 2018 was filed by respondent nos.3 to 6 for cancellation of registered sale deed dated 22.3.2006. The petitioner-defendant received notice and filed Vakalatnama through counsel on 10.7.2008 and the time was allowed to file written statement in the suit. He was granted last opportunity to file written statement by fixing a date as 6.11.2008, but due to non-filing of the written statement, an order was passed whereby the time to file written statement was closed. On 6.11.2008 there was an illness of counsel for the defendants, therefore 4.12.2008 was the date fixed. The petitioner moved an application along with written statement before the Trial Court on 4.12.2008 which was dismissed in default vide order dated 11.2.2010. The petitioner moved an application for recall of the order dated 11.2.2010 vide application dated 19.2.2010 which was dismissed vide order dated 6.5.2010 on the ground that once an order has been passed rejecting the application for accepting written statement and by passing an order on 6.11.2008, the defendants have been stopped to file written statement, therefore, in case permission is accorded then there shall be res judicata. Against the order passed on 6.5.2010, the petitioner filed Revision No.50/10 which has also been rejected as time barred vide order dated 23.2.2012. Feeling aggrieved, the petitioner has filed this writ petition before this Court assailing the aforesaid orders.