SHRI BIJOY KRISHNA ACHARJEE Vs. SHRI MITHUN SHARMA

JUDGEMENT

(1.) Questioning the legality of the order dated 19-7-2016 passed by the learned Civil Judge, Senior Division, Court No.4, West Tripura in Title Suit No.33 of 2015 accepting the written statement of the respondents after the lapse of about 7 months, this revision is preferred by the petitioners/ plaintiffs.

(2.) Shorn of unnecessary details, the case of the petitioners is that they instituted Title Suit No.33 of 2015 before the said Civil Court against the respondents for declaration their title, confirmation of their possession and perpetual injunction. The suit was fixed on 21-7-2015 for filing of written statement by the respondents. On 30-5-2015, on the prayer of the respondents, the Court allowed time till 17-6-2015 to file their written statement. On their prayer, further time was granted by the court till 21-7- 2015. On 21-7-2015, no written statement was filed, but, on the prayer of the respondents, further time granted to them till 17-8-2015. On 17-8-2015, the respondents failed to file the written statement and were again granted time till 26-9-2015 to file their written statement. However, on requisition, the record of the suit was sent to the learned District Judge, West Tripura in Misc. Appeal No.22 of 2015. The record was received back by the trial Court on 30-6-2016 whereupon the trial Court fixed 13-7-2016 for order. The case was again listed on 13-7-2016 and 18-7-2016, but no written statement was filed by the respondents. However, the written statement was filed thereafter. On 19-7-2016, the trial Court heard both the counsel for the parties on whether to accept the written statement so filed or not. Ultimately, the trial Court passed the impugned order accepting the written statement of the respondents. Aggrieved by this, the revision petition has been filed.

(3.) Before proceeding further, I may proceed to reproduce hereunder the relevant portions of the impugned order, which reads thus: