MAHENDRA YADAV Vs. RATNA DEVI

JUDGEMENT

(1.) THE petitioners seeks revision or order dated 05.9.2003 passed by the learned Subordinate Judge-I, Madhubani, by which he rejected the petition of the petitioners (defendants No. 1 and 5) for recalling order dated 26.11.2002, whereby the petitioners were debarred from filing the written statement in Title Suit No. 135 of 2001 and refused to accept the written statement filed by them. Although the petitioners are themselves to be blamed, as the written statement, for which permission had been granted, had not been filed within the time and this was the reason for refusal of the Court to accept the written statement after the time was over.

(2.) HOWEVER, it is submitted that petitioner No. 1 is the father and petitioner No. 2 is the son and the delay had occurred due to the ailment of petitioner No. 1, during which period the petitioner No. 2 was looking after the father. No doubt, the petitioners having appeared on 20.5.2002 did not file their written statement till 26.11.2002 despite several adjournments for that purpose, due to which they were debarred from filing their written statement. Furthermore, there was a further delay in filing of the petition on 05.08.2003 for recall of the order dated 26.11.2002. But I find that the grounds for the delay, namely, ailment of the father and predicament of the son, are sufficient and genuine.