NIRMALENDU MISHRA Vs. SWAPAN RAJ

JUDGEMENT

(1.) This is a contest between two sets of defendants, the petitioners being defendant nos. 5, 7, 24(ka) and 24(kha) and the opposite parties-proforma defendant nos. 25 and 26 in the suit.

(2.) The dispute arises out of a suit for cancellation of a Deed of Exchange dated November 10, 1983 and for recovery of possession in respect of 'ka' schedule property against the predecessor of defendant nos. 1 to 8. The opposite party nos. 1 and 2 were arrayed as proforma defendant nos. 25 and 26 in the suit, bearing Title Suit No. 22 of 2003.

(3.) By the first impugned order, dated June 16, 2020, the trial court accepted the belated written statement filed by the defendant nos. 25 and 26/opposite party nos. 1 and 2 on contest with costs of Rs.9,000/. By the subsequent order dated March 9, 2021, the two applications of the revisionist petitioners, both under Order VIII Rule 6-C of the Code of Civil Procedure, were rejected on contest and the written statement, along with counter-claim, dated September 6, 2019 of opposite party nos. 1 and 2 was accepted.