SHIV SHANKAR DEY Vs. DAMODAR RAM

JUDGEMENT

(1.) The present writ petition has been preferred under Article 227 of the Constitution of India against the order, passed by the learned Sub Judge-I, Bokaro dated 19th February, 2009 in Title Suit No. 23 of 2007 whereby, the written statement tendered by the present petitioner (original defendant) was not accepted by the trial court, under Order VIII Rule 1 of the Code of Civil Procedure, as the Maine is time barred.

(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 order, passed by the learned Sub Judge-I, Bokaro, dated 19th February, 2009 in Title Suit No. 23 of 2007, for the following facts and reasons:

(3.) As a cumulative effect of the aforesaid facts, reasons and judicial pronouncements, I hereby, quash and set aside the order, passed by the learned Sub Judge-I. Bokaro dated 19th February, 2009 in Title Suit No. 23 of 2007 and the written statement, filed by the present petitioner (original defendant] is ordered to be taken on record with cost of Rs. 500/- (Rs. five hundred only). This amount of cost shall be deposited before the trial court, within a period of two weeks, from today, which will be allowed to be withdrawn by the original plaintiff, upon proper application, before the trial court.