KRISHNA DUBEY Vs. OM PRAKASH PRASAD AND ORS.

JUDGEMENT

(1.) Heard the learned counsel, Mr. Lakmesh Marvind, for the petitioner and the learned counsel, Mr. Vijay Shanker Srivastava for the respondents.

(2.) The learned counsel for the petitioner submitted that the by the impugned order dated 31.10.2013, passed in Title Suit No.195 of 2013 by Sub Judge IX, Motihari, the Court below without assigning any reason allowed the application filed by the defendants respondents seeking permission to file written statement in the case.

(3.) According to the learned counsel, the defendants respondents had already appeared in the case on 3.4.2013 and they filed application for time to file written statement. The case was adjourned for different dates but they did not file written statement and thereafter left pairvi. Subsequently, the Court below proceed ex.-parte and heard the plaintiff and hearing was concluded on 22.10.2013. The case was fixed for 31.10.2013 for Judgment. In the meantime, on 30.10.2013, the application was filed by the defendants respondents seeking permission to file written statement after recalling ex.-parte order. A fresh Vakalatnama was filed by them.