MAHESH MANJHI Vs. PAMA DEVI

JUDGEMENT

(1.) The present application has been filed against the order, dtd. 18/12/2017, passed in Misc. Appeal No. 02 of 2017, by learned Additional District Judge-V, Gopalganj, whereby the learned District appellate court has affirmed the order, dtd. 13/1/2017, passed in Misc. Case No. 02 of 2017, by learned Sub Judge-I, Gopalganj, whereby the petition filed by the petitioners-defendants, under Order IX Rule 13 of the Code of Civil Procedure has been held to be not maintainable.

(2.) The father of respondent nos. 1 to 3/plaintiff filed Title Suit No. 557 of 2004 for declaration of right and title over the suit land and also for a declaration that the defendants have no right to interfere in the possession of the plaintiff. The relief for recovery of possession was also prayed in the said suit.

(3.) The claim of the plaintiff is based upon the sale deeds, dtd. 2/12/1988, executed by defendant no. 7 in favour of the plaintiff. Defendant nos. 1 to 6, i.e. the petitioners, appeared through vakalatnama on 2/2/2005, and sought time for filing written statement. Defendant Nos. 7 to 9 appeared on 10/2/2005 and filed their written statement supporting the case of the plaintiff and again time was sought on behalf of the defendant nos. 1 to 6 to file written statement. On 4/4/2005, defendant nos. 1 to 6 were debarred from filing written statement and on 24/8/2006, the learned Trial Court decreed the suit directing the defendant nos. 1 to 6 to hand over possession of the suit property to the plaintiff within a period of 30 days. The decree against defendant nos. 1 to 6 was ex-parte and against defendant nos. 7 to 9, it was on contest.