SUNITA DEVI Vs. ABDHESH KUMAR SINHA

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioners are defendants 1st set in Title Suit No. 87 of 2004, which was filed by plaintiffs-opposite party Nos. 1 and 2 for declaration of their title and also for declaration that the defendants -petitioners did not acquire any title in the suit land on the basis of sale deed dated 25-1-2004 executed by opposite party Nos. 3 and 4 (defendants 2nd set) in favour of these petitioners.

(2.) The petitioners have challenged the impugned order dated 21-12-2004 passed in the aforesaid suit, by which the learned Sub-Judge-III. Patna City, had rejected their petition for accepting written statement filed on their behalf in the Court below on 15- 10-2004, beyond the period of ninety days as prescribed under Rule 1 of Order VIII of the Code of Civil Procedure (hereinafter referred to as 'the Code' for the sake of brevity).

(3.) The short fact of this case is that the above mentioned title suit was filed by opposite party Nos. 1 and 2 in the year 2004, whereafter notices and summons were issued to the defendants including the petitioners which were served on 10-6-2004 by hanging the copies of the summons on the door of their house and immediately thereafter they appeared in the suit on 15-6-2004. On the next date i.e. 5-7-2004 the defendants-petitioners tiled a time petition for filing their written statement which was allowed and thereafter on 13-7-2004 also a similar petition was filed and time was again granted to the defendants-petitioners for filing their written statement. Thereafter, injunction petition filed by the plaintiffs was considered and the same was disposed of on 21-9-2004, whereafter the next date 14- 10-2004 was fixed for filing written statement by the defendants. On 14-10-2004 also no written statement was filed and the matter was taken up for hearing under Order VIII Rule 10 of the Code and ultimately on 15-10-2004 the defendants petitioners filed their written statement,