KUMUD CHOUDHARY @ KUMUD SAHU CHOUDHARY Vs. SIMMI SAHU

JUDGEMENT

(1.) Heard.

(2.) This writ petition has been filed against the order dated 12.8.2009, passed in Title Suit No. 25 of 2008, by Shri J.P. Singh, learned Subordinate Judge-VII, Ranchi, allowing the application dated 12.1.2009 filed on behalf of plaintiff-respondent for debarring the defendant no. 1/petitioner from filing written statement.

(3.) It is submitted that after publication of notice in the newspaper, the defendant no. 1-petitioner appeared in the suit on 26.5.2008 but an order was passed fixing the suit for ex parte hearing on 1.5.2008. However, such order was recalled on payment of cost and plaintiff was directed to give a copy of the plaint to defendant no. 1-petitioner, which was given only on 24.11.2008 and within 90 days thereafter, written statement was filed on 20.2.2009 but the same has been rejected on the prayer of the plaintiff- respondent on the ground that it was filed after 90 days from appearance and without taking leave of the Court.