SUSHIL KUMAR HARLALKA Vs. SONESWARI BEY

JUDGEMENT

(1.) This is an application filed under Article 227 of the Constitution challenging the order dtd. 3/10/2019 passed in Title Suit No.157/2014 by the learned Civil Judge No.1 whereby the petition filed bearing Petition No.5455/2018 for rejection/dismissal of the written statement-cum-counter claim filed by the Defendant No.1(A) was rejected.

(2.) The record reveals that the Plaintiffs herein have filed the suit being Title Suit No.157/2014 seeking declaration of their right, title and interest over the schedule plots of land as described in the plaint; for confirmation of possession of the Plaintiffs over the schedule land; for permanent injunction and in the alternative, if the Plaintiffs are dispossessed during the pendency of the suit, for recovery of possession. The said suit upon being filed, the Defendants entered appearance on 29/5/2014. On 18/9/2014, taking into account that the written statement was not filed by the defendants even after the expiry of 90 days, the issue of filing of written statement by the defendants was closed. Thereupon, the suit proceeded.

(3.) The Defendant No.1 expired on 2/7/2016. Pursuant thereto, three applications were filed by the Plaintiffs. The first application pertains to condonation of delay of 54 days, the second application pertains to setting aside the abatement and the third application pertains to substitution of the legal representatives. The learned Trial Court vide order dtd. 5/8/2017 condoned the delay, set aside the abatement and substituted the legal representatives of the Defendant No.1. Thereupon, summons were issued vide an order dtd. 18/9/2017.