USMAN GONI Vs. ABDUL KHALIQUE

JUDGEMENT

(1.) THE petitioners, who are the defendant Nos. 1 to 12 in Title Suit No. 8/2005 pending in the Court of the learned Civil Judge (Jr. Division), Hojai, Sankardev Nagar, by the present petition are challenging the order dated 16. 12. 2006 passed by the learned Civil Judge, (Jr. Division), Hojai, Sankardev Nagar, in the said suit allowing the prayer made by the plaintiffs/opposite parties herein in Petition No. 518/06 for rejecting the written statement filed by the defendant Nos. 1 to 11 and returning the same, on the ground that such written statement was filed beyond 90 days of the date of service of summons as stipulated in under Order 8, Rule 1 of the CPC.

(2.) I have heard Mr. I. Uddin, the learned counsel for the petitioners/defendants and Mr. A. J. Atia, the learned counsel appearing on behalf of the plaintiffs/opposite parties.

(3.) THE learned counsel for the petitioners at the outset has submitted that though application was filed under Section 115 read with Section 151 of the CPC, this application may be treated to be one under Article 227 of the Constitution of India, as grave injustice have been caused to the petitioner Nos. 1 to 11, who are the defendant Nos. 1 to 11 in the aforesaid suit, because of the order impugned in the present revision petition. Having considered the impugned order as well as the materials made available along with the revision petition and on hearing the learned counsel for the parties, I am inclined to accept such oral prayer and hence the present petition is treated to be under Article 227 of the Constitution of India.