KALPANA BHARATI Vs. SHIV NARAYAN SINGH

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) THE petitioner has prayed for setting side the order dated 8.12.2003 passed by the learned Subordinate Judge I, Hazaribagh in Title Suit No. 60 of 2002 whereby the petitioner's prayer for allowing time to file written statement was disallowed and the petitioner was debarred from filing written statement. Further, prayer has also been made for setting aside order dated 11.3.2004 whereby the Court below had refused to accept petitioner's written statement field on 15.1.2004 in the said suit and had refused to allow her to defend in the suit.

(3.) LEARNED Counsel for the respondent emphatically opposes the petitioner's claim. Learned Counsel would argue that from the order sheet of the Court below, it transpires that the petitioner field her appearance on 2.12.2000 and thereafter for about 13 months, she was taking adjournments, one after another, and each time she was allowed the benefit of adjournment by the Court below. The impugned order of the Court below dated 8.12.2003 as also the subsequent order impugned dated 11.3.2004 would indicate that the petitioner had no genuine ground for acceptance of her written statement.