LAWS(JHAR)-2006-11-64

SHYAM MURMU Vs. RASKA TUDDU

Decided On November 28, 2006
Shyam Murmu Appellant
V/S
Raska Tuddu Respondents

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India at the instance of the defendant/petitioner is directed against the order dated 5.4.2005 passed by Sub -Judge, I, Rajmahal in Title Suit No. 41/2001, whereby he has dismissed the petition filed by the petitioner seeking permission to adduce evidence by examining witnesses in the suit.

(2.) THE facts of the case lie in a narrow compass:

(3.) IN Siai Sinha Case (Supra), petitioner who was newly added defendant did not appear and did not file any written statement for about 3 years. Suddenly, he appeared and filed application for time for filing written statement. The trial court refused to permit him to file written statement. The defendant/petitioner was also not permitted to take part in the hearing of the suit. The defendant challenged the said order by filing revision before the Patna High Court. The question that fell for consideration was whether in absence of any written statement the defendant can be debarred from cross - examining the witnesses and to adduce evidence. His Lordship Justice N.L. Untwalia observed: