VIPUL MUNJAL Vs. SHAHZAD ANSARI

JUDGEMENT

(1.) This case is taken up through video conferencing.

(2.) The present civil miscellaneous petition has been filed for quashing the order dated 17.12.2019 passed by the Sub Judge II, Ranchi in Title Suit No.592 of 2017, whereby the petition filed by the defendant/respondent for recalling the order dated 27.04.2018 relating to debarment from filing the written statement has been allowed.

(3.) The factual background of the case, as stated in this petition, is that the plaintiffs/petitioners filed Original (Title) Suit No.592 of 2017 against the defendant/respondent in the court of Civil Judge (Senior Division)-I, Ranchi, praying inter alia for a decree of declaration of their right, title and interest over the suit property and for confirmation of possession and in the alternative if the plaintiffs/petitioners were not in possession, a decree for recovery of possession be passed. It was also prayed for grant of injunction, restraining the defendant/ respondent from dispossessing the plaintiffs/petitioners from the suit property and/or from putting any obstruction in construction over the suit land beside other reliefs. In the aforesaid suit, the defendant/respondent received notice on 21.11.2017 and appeared on 19.01.2018, however, he did not file written statement till 27.04.2018. As such, vide order dated 27.04.2018, the defendant/respondent was debarred from filing written statement and the case was fixed for evidence of the plaintiffs/petitioners on 15.12.2018. In the meantime, on 15.12.2018 the defendant/respondent filed written statement alongwith a petition under Section 151 CPC and Section 5 of the Limitation Act for recalling the order dated 27.04.2018, stating therein that he had fallen ill and was under bed rest till June 2018. Thereafter, in the month of July, 2018 he came to the court and enquired about the case through his Advocate, as he did not have his telephone number. Although the petitioners objected the said prayer of the defendant/respondent by filing reply to the petition dated 15.12.2018, the court below vide order dated 17.12.2019 allowed the said petition filed by the defendant/respondent. Hence, the present civil miscellaneous petition.