A RAZZAK Vs. BIBI RUBI NAZ

JUDGEMENT

(1.) Heard learned counsel for the petitioners who are defendant Nos. 1 to 3 in title suit No. 282/1995 and also heard learned counsel for OP No. 1 who was plaintiff in the said suit which was filed for declaration of her title as purchaser by registered sale-deed dated 9.8.1994 and alternatively for partition and also for declaration that defendant Nos. 2 and 3 did not acquire title by way of purchases from defendant No. 4 in excess of his share and also for recovery of possession if dis-possessed during the pendency of the suit.

(2.) The petitioners are aggrieved by order dated 15.9.2003 passed in the aforesaid suit by the learned Sub-Judge VI, Purnea, who allowed misc. case No. 8/2003 and accepted the written statement filed by defendant No. 4 dated 23.6.2003 after rejecting the earlier written statement dated 11.9.2002 said to have been filed on his behalf.

(3.) Short facts of this case are that the suit was filed in the year 1995 whereafter in 1996 written statement was filed by defendant Nos. 1 to 3 (petitioners) and much thereafter on 11.9.2002 a written statement was filed on behalf of defendant No. 4 (OP No. 2), Later, on 23.6.2003, a second written statement was filed by defendant No. 4 (OP No. 2) alongwith a petition for rejecting the earlier written statement filed on 11.9.2002 and accepting the fresh written statement.