KINKAR MANDAL Vs. EASTERN COAL FIELDS LTD.

JUDGEMENT

(1.) THIS application under Article 227 of the Constitution of India is directed against the order dated 16.5.2006 passed by Additional Munsif 2nd at Dhanbad in Title Suit No. 48 of 2003 whereby defendants/petitioners application for acceptance of show cause filed by them be treated as written statement has been rejected and further for quashing the order dated 31.12.2005 by which petition filed by the defendants/petitioner Nos. 2 to 5 for recall of the order dated 17.3.2005 was also rejected as time barred.

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

(3.) FROM perusal of the orders, it appears that the Court below was of the view that although show cause may be treated as written statement, but application for treating the show cause as written statement should have been filed by the petitioners before they were debarred from filing written statement. The Court below was also of the view that since the show cause does not fulfil the requirement of Order XIX, Rules 1 and 2, CPC, I cannot be treated as written statement.