MD. GOSH Vs. BIBI SAMIMA KHATOON

JUDGEMENT

(1.) Heard learned counsel Mr. (Dr.) Manoj Kumar for the petitioner.

(2.) In spite of service of notice, nobody appeared on behalf of respondent no.1.

(3.) This application under Article 227 of the Constitution of India has been filed by the defendant no.5-petitioner praying for setting aside the order dated 09.12.2011 passed by learned Subordinate Judge-VII, Bhagalpur in Title Suit No.71 of 2007/544 of 2009 whereby the learned court below has rejected the application filed by the petitioner to recall the order whereby he was debarred from filing the written statement.