RAM NARESH SINGH Vs. INDU DEVI

JUDGEMENT

(1.) Defendant Nos. 1 and 3-petitioners, aggrieved by the order dated 7.9.200 passed by the Subordinate Judge, 1 st Patna in Title Partition Suit No. 481 of 2003 rejecting the prayer to accept the written statement have preferred this revision application.

(2.) Facts lie in a narrow compass: Plaintiff-Opposite Party No. 1 filed suit for partition of her 1/4th share in the property described in Schedule II of the plaint. Defendant appeared in the suit on 14.10.2004 but did not file the written statement within 90 days from the date of their appearance. Hence by order dated 10.2.2005 the Subordinate Judge debarred the defendant from filing the written statement. Defendants on 30th of March, 2005 filed the written statement alongwith an application, to accept the same, inter alia alleging as follows:

(3.) By reason of the impugned order their prayers has been rejected. Defendants Nos. 1 and 3 aggrieved by the same has preferred this revision application, whereas defendant no. 2 has been made Opposite Party No. 2 in the case.