ROPI @ RUPNI ORAIN, DAUGHTER OF LATE SUKRA ORAON, WIFE OF JATRU ORAON, R/O AT+PO BRAMBE, PS MANDAR, DISTRICT RANCHI Vs. BANDHANA ORAON

JUDGEMENT

(1.) I.A. No. 721 of 2016 This application been filed seeking amendment to challenge order dated 20.05.2005 whereby, defendants were debarred from filing written statement.

(2.) Title Suit No. 3 of 2004 was instituted for declaration of plaintiffs' right, title and interest over the suit land and for a decree of confirmation of their possession. A further declaration that gift deed dated 05.03.1984 executed by defendant no. 1 in favour of defendant no. 2 is void ab initio and not binding upon the plaintiffs and the same is liable to be cancelled was also sought by the plaintiffs. The private defendants namely, Dubki Oraon and Gandhauri Orain did not appear in the suit and the suit was fixed for ex-parte hearing vide order dated 02.07.2004 however, the said order was recalled on 09.03.2005, still the defendants did not file written statement within time and they were debarred from filing written statement. In the meantime, the defendant no. 1 died and vide order dated 16.05.2006, her two daughters were substituted in her place. Summons were issued upon the substituted defendants on 14.08.2006 however, the defendants again did not appear in the suit and it was again set for ex-parte hearing against the substituted defendants. The substituted defendants filed petition dated 16.02.2008 for recall of order dated 25.05.2007 and defendant no. 2 also filed petition for recall of order dated 20.05.2005. Both the applications were dismissed vide order dated 21.08.2010, against which the present writ petition been filed. The petitioners are legal heirs and successors of the original defendant nos. 1 and 2.

(3.) Heard the learned counsel for the parties and perused the documents on record.