BHAJU YADAV Vs. NARESH PASWAN

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner is Defendant No. 2 in Title Suit No. 79/2000 and is aggrieved by order dated 19.8.2003 by which the learned Second Munsif, Gaya, has rejected his petition for recall of the earlier order dated 23.1.2003 and 21.5.2003 by which he was debarred from filing his written statement and the case was fixed for ex parte hearing.

(3.) The aforesaid suit was filed by Opposite Party Nos. 1 to 8 for declaration of title etc. in which Defendant No. 2 (petitioner) appeared on 7.9.2002 and on his request time was granted by the learned Court below for filing his written statement by 5.10.2002. It transpires from record that Defendant No. 2 (Petitioner) did not file his written statement within the said period and by order dated 23.1.2003 the learned Court below posted the case for hearing under Order VIII, Rule 10, CPC and subsequently by order dated 21.5.2003 the case was fixed for ex parte hearing.