MANOJ MAHTO Vs. KALESHWAR MAHATO

JUDGEMENT

(1.) This application has been filed for quashing the order dated 16.05.2008, whereby the application of petitioner for recalling the order dated 22.11.2005 has been rejected by the learned Court below.

(2.) It appears that the petitioner was impleaded in the suit as defendant vide order dated 04.08.2005 and on that day itself he had been directed to file written statement within seven days. The impugned order further reveals that petitioner did not file written statement though 105 days expired from the date of aforesaid order and it appears that because of that, he has been debarred from filing written statement vide order dated 22.11.2005. Petitioner thereafter filed cross suit on 21.12.2005, but on that date also he had not filed written statement Thereafter on 31st of January, 2007 petitioner filed present application praying therein that the order dated 22.11.2005 be recalled and his cross suit be treated as written statement. The aforesaid prayer has been rejected by the impugned order.

(3.) It is submitted by Sri Arvind Kumar, learned counsel for the petitioner that the plaintiff-respondent filed a writ application in this Court vide W.P. (C) No. 6980 of 2005 against the order dated 04.08.2005 by which the petitioner was impleaded in the suit as defendant. It is submitted that because of the said pendency of the writ application petitioner could not file written statement within the time stipulated by the learned Court below. Accordingly, it is submitted that petitioner had valid reason for not filing written statement within time. Accordingly, it is submitted that in the interest of justice the impugned order be quashed and order dated 22.11.2005 be recalled.