SIKANDAR PRASAD Vs. LAL BABU PRASAD

JUDGEMENT

(1.) This writ application has been filed for quashing the order dtd. 20/5/2013 passed by learned Subordinate Judge-VII, Biharsharif (Nalanda) in Title Suit No.235 of 2010 whereby and whereunder the learned Subordinate Judge rejected the petition of the petitioner filed for accepting written statement after condoning the delay. The petitioner has further prayed to quash the order dtd. 29/8/2013 whereunder the learned Subordinate Judge rejected the petition of the petitioner filed on 19/6/2013 for accepting the written statement after condoning the delay on the similar ground which was taken in earlier petition dtd. 28/11/2012.

(2.) Heard learned counsel for the petitioner and the respondents.

(3.) The respondent 1st set filed the aforesaid title suit for declaration of title over the suit property mentioned in Schedule I of the plaint and injunction restraining the defendant 1st set from interfering in his possession and alienating the suit property during the pendency of the suit. In pursuance of notice the defendant-petitioner appeared and filed a petition under Order VII Rule 11 read with Sec. 151 of C.P.C. on 22/12/2010. The respondent 1st set (plaintiff) filed rejoinder and after hearing, the learned court below rejected the petition as per order dtd. 4/2/2012. The petitioner filed time petition on 27/6/2012 which was allowed only for that day and the case was directed to be listed on 7/8/2012. The defendant filed his written statement on 11/7/2012 and a petition on 28/11/2012 praying therein to accept the written statement after condoning the delay. The plaintiff-respondent 1st set filed rejoinder and the court below after hearing both sides rejected the petition as per order dtd. 20/5/2013.Thereafter the petitioner filed another petition on 19/6/2013 to accept the written statement which was also rejected as per order dtd. 29/8/2013.