JUGAL KISHORE ORAON Vs. BUSRA KHATOON

JUDGEMENT

(1.) Present writ petition has been filed being aggrieved and dissatisfied with the order dated 20.01.2011 (Annexure-2) passed by the learned Civil Judge (Senior Division)- I. Gumla in T.S. No. 24/2010 by which the application for extension of time for filing written statement has been rejected and the petitioner has been debarred from filing his written statement. Petitioner has further prayed for setting aside the order dated 22.10.2011 (Annexure-5) passed in T.S. No. 24/2010 by the learned Civil Judge (Senior Division)-I, Gumla by which the application to recall the order dated 20.01.2011 has been rejected. Heard the Learned Counsels for the petitioner as well as respondents and perused the papers.

(2.) Learned Counsel for the petitioner submitted that petitioner (original defendant No. 2) submitted an application under Order VIII, Rule- 1 of the CPC as well as under Section 151 of the CPC before the Court-below by stating the reason, inter alia, that the delay was caused due to non-availability of documents, but the Court-below failed to appreciate the reason assigned as well as the judgment cited before the Court-below in support of the submissions.

(3.) As against that Learned Counsel for the respondents submitted that application was submitted at a belated stage and therefore, the Court-below has rightly rejected the application. Therefore, interference of this Court is not required and the writ petition may be dismissed.