NARESH CHAND GUPTA Vs. ORIENTAL BANK OF COMMERCE

JUDGEMENT

(1.) The present writ petition has been preferred under Article 227 of the Constitution of India against an order passed by the learned Sub Judge-I, Deoghar in Mortgage Suit No. 322 of 2002 dated 23rd June, 2004 as well as against the order dated 4th March, 2009 whereby, the petitioners' (original defendant nos. 4 and 5) application for filing of the written statement was dismissed.

(2.) Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, I hereby, quash and set aside the orders passed by the learned Sub Judge-I, Deoghar dated 23rd June, 2004 as well as the order dated 4th March, 2009, on the following facts and reasons:-

(3.) In view of the aforesaid facts and reasons, I hereby, allow original defendant nos. 4 and 5 to file their written statement, with a cost of Rs. 500/- (Rs. Five hundred only). This cost will be deposited by the present petitioners (original defendant nos. 4 and 5) before the concerned trial court, within a period of two weeks, from the date of receipt of a copy of an order of this Court and on proper application, preferred by the original plaintiff, the said amount will be allowed to be withdrawn, by the original plaintiff.