RANJIT KUMAR SINGH Vs. ACHINTYA KUMAR SARKAR

JUDGEMENT

(1.) Heard Mr. Amar Kumar Sinha, learned counsel for the petitioners and Mr. Navneet Toppo, learned counsel for the sole opposite party.

(2.) This petition has been filed under Article 227 of the Constitution of India, wherein, the prayer is made for quashing the order dtd. 23/5/2023 passed by the learned Sub-Judge-VI, Hazaribag in Title Suit No.91 of 2019, whereby, the learned court has been pleased to refuse to accept the written statement filed by the defendants/petitioners. The prayer is also made for direction to be issued to accept the said written statement.

(3.) Mr. Amar Kumar Sinha, learned counsel for the petitioners submits that the plaintiff/opposite party has instituted Title Suit No.91 of 2019 in the court of the learned Civil Judge (Senior Division)-I, Hazaribag against the defendants/petitioners praying therein a decree for adjudication of the plaintiffs right, title, interest and possession over Schedule-1(A) and I(B) lands and for declaration that the defendants have no right, title, interest and possession over the same. He submits that notice has been issued upon the defendants and defendant nos. 4 and 5 had appeared before the learned court on 7/12/2021 and defendant nos. 1, 2 and 3 had appeared on 10/6/2022. He submits that vide order dtd. 2/8/2022, learned court has allowed the defendants to file written statement by 22/8/2022 and the same was filed on 22/8/2022 and in spite of that, the learned court has been pleased to refuse the written statement. He relied upon the judgment passed by this Court in the case of Shaikh Salim Haji Abdul Khayumsab v. Kumar and others, reported in 2006 (1) JCR 112 (SC). He refers paragraph 19 of the said judgment, which reads as under: