VIJAY PRASAD SAHA Vs. DILIP PRASAD SAHA

JUDGEMENT

(1.) THIS writ petition has been filed quashing the order dated 14-06-2007 passed by the learned Sub Judge, Giridih in Partition suit No. 4 of 2006, refusing to accept the written statement. By filing amendment petition (I A. No. 2574 of 2008), petitioner has also challenged the order dated 29-06-06. debarring the petitioner to file written statement.

(2.) IT is submitted on behalf of the petitioner that the summons were received by him on 24-03-2006 and he appeared on 22-06-2006, but he was debarred from filing written statement on 29-06-2006, However, the same was filed on 28-07-2006 and thereafter a petition was filed on 08-02-2007 for recalling the said order dated 29-06-2006 which has been rejected on 14-06-2007.

(3.) IT is submitted that if the petitioner is not allowed to file written statement, he will suffer irreparable loss and injury,