DHANA MUNDA Vs. SHEIKH ASRUDDIN ANSARI

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) The present writ petition has been filed for quashing the order dated 21.07.2004 passed by the learned Munsif, Ranchi in Title Suit No. 118/2002 whereby, the petition for recall of the order dated 08.09.2003 has been dismissed. The petitioners have also prayed for recalling the order dated 08.09.2003 whereby, the learned Munsif has debarred the petitioners from filing the written statement.

(3.) The factual matrix of the case is that the plaintiffs/respondents filed Title Suit No. 118/2002 for declaration of their right, title and interest over the suit property and also for declaration of the sale deed dated 19.10.1966 as null and void. The petitioners appeared in the suit as the defendants on 12.08.2003 and prayed for filing the written statement. Thereafter, the matter was fixed on 08.09.2003 and on that day also, the petitioners filed time petition for filing the written statement. The learned Munsif debarred the petitioners from filing the written statement by observing that the notices issued to the petitioners were received on 09.03.2003, but the written statement has not been filed within the time prescribed under Order 8, Rule 1 C.P.C. On the next date fixed in Title Suit No. 118/2002 i.e. 23.09.2003, the petitioners filed recall petition, however, they did not press the same. Subsequently, on 13.11.2003, the petitioners filed an application under Sec. 151 Civil Procedure Code for recalling the order dated 08.09.2003 and in the said application, the plaintiffs/respondents filed their reply. Finally, the learned Munsif vide order dated 21.07.2004 rejected the application of the petitioners on the ground that the summons were served upon the petitioners on 09.03.2003 and even after lapse of 90 days on 08.06.2003, the written statement was not filed. Thus, in the present writ petition, the petitioners have challenged the orders dated 08.09.2003 and 21.07.2004 passed by the learned Munsif, Ranchi.