SUDESHNA KANUNGO Vs. SUNIL KANUNGO AND ORS.

JUDGEMENT

(1.) IN this Civil Miscellaneous Petition, the petitioner has challenged the order dated 8.1.2014 passed by the learned Civil Judge (Senior Division), Keonjhar in C.S. No. 77 of 2013.

(2.) PETITIONER is the mother of opposite parties. Opposite party No. 1 filed the suit for declaration of legitimate interest of suit schedule land in his favour. After receiving notice, petitioner appeared in the suit and took some time to file written statement. Due to illness, she could not supply the documents to file written statement on her behalf and her mental disable daughter. But the Court below without considering the matter passed the impugned order, which is challenged in this petition.

(3.) LEARNED counsel for the opposite party No. 1, however vehemently objected the contention raised by learned counsel for the petitioner and submitted that the defendant intentionally avoided to file written statement to delay the proceeding for which prejudice was caused to the plaintiff as the suit if filed for declaration of legitimate interest of suit schedule land in favour of plaintiff.