JAI SHANKAR MANDAL Vs. KAILASH KUMAR MANDAL

JUDGEMENT

(1.) The petitioners are defendants in Title Suit No. 134 of 2003 which was filed by the sole opposite parry for specific performance of contract on the basis of agreement dated 8-10-2002 Tor sale of the suit premises by the defendants to the plaintiff in lieu of Rs. 2,25,000/- out of which Rs. 1,50,000/- was claimed to have been paid.

(2.) The petitioners are aggrieved by the impugned order dated 23-11-2004 passed in the aforesaid suit by which the learned First Subordinate Judge, Munger, allowed the petition of the plaintiff (opposite party) dated 25-5-2004 and rejected the written statement filed by the defendants (petitioners) on 6-5-2004.

(3.) The short admitted facts of the case are that the said suit was filed in the year 2003 and summons were sent and were allegedly refused by the defendants (petitioners) on 1-10-2003, whereafter steps for substituted service were taken and the defendants appeared in the suit on 14-1-2004. Thereafter, the Court allowed the defendants' prayer for adjournment for filing written statement on four dates i.e. 14-2-2004, 4- 3-2004, 26-3-2004 and 8-4-2004 and ultimately on 6-5-2004 the learned Court below fixed final time directing defendants to file their written statement positively by 25-5-2004 and in compliance of the said order the defendants tiled their written statement on the same day i.e. 6-5-2004.