BHAGIA MANDALAIN AND ANOTHER Vs. DHANANJAI MANDAL

JUDGEMENT

(1.) This writ petition has been filed against the order dated 21.11.2009 passed by the Sub-Judge VII, Deoghar in Title (Partition) Suit No. 512 of 1997 rejecting the petition dated 1.4.2008 filed by the petitioners to recall the order dated 19.5.2001 and to allow them to file written statement.

(2.) It is submitted by Mr. Niranjan Kumar, learned counsel for the petitioners that petitioner no. 1 is 90 years old village widow and petitioner no. 2 is her grand son and for the ends of justice, they may be allowed to file written statement.

(3.) It appears from the impugned order that petitioners appeared in the suit on 27.6.2000 and even after sufficient opportunity, they did not file written statement and left taking steps in the case from 14.2.2001. Ultimately, on 19.5.2001 they were debarred from filing written statement and the case was fixed for exparte hearing. On 27.9.2002 the issues were framed and then evidences were produced on behalf of the plaintiff. After about 7 years, the petition in question was filed for recalling the said order dated 19.5.2001.