AMIT KUMAR JAIN Vs. LALITA JAIN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant civil miscellaneous petition has been filed for quashing/setting aside the order dtd. 13/6/2022 and 29/3/2023 (Annexure-2 and 5) passed in original suit No.122 of 2019 by the Civil Judge-VI, Senior Division, Hazaribagh, whereby and whereunder vide order dtd. 13/6/2022, the petitioner has been debarred from filing the written statement and vide order dtd. 29/3/2023, learned court below has refused to call the order dtd. 13/6/2022.

(3.) Learned counsel for the defendant/petitioner assailing the impugned orders has submitted that there was no willful default in filing the written statement before the concerned trial court rather the circumstances under which the delay took place has not been considered by the learned trial court. The partition suit was instituted on 3/6/2019 against the petitioner and respondent Nos.2 and 3 for claiming partition of suit land and carving out 1/4th share of the plaintiff and allotment of separate Takhta. The petitioner after receipt of summons, appeared before the learned court below on 27/2/2020. Just after three weeks of the appearance of the petitioner, Covid-19 pandemic spread through out of the country and complete lock down was pronounced, which continued about two years and due to this reason, petitioner could not file his written statement within stipulated time. The petitioner was debarred from filing the written statement vide order dtd. 13/6/2022 and recall the application for the aforesaid order was also rejected vide order dtd. 29/3/2023 without admitting the written statement of the petitioner. Learned court below has failed to record any valid reason for passing such a harass order against the petitioner.