NIZAM ANSARI @ NAZZO ANSARI Vs. MUSTKIN ANSARI

JUDGEMENT

(1.) The petitioner, who is defendant in Title Partition Suit No.48 of 2008, is aggrieved of order dated 19.01.2012 by which his prayer for accepting his written statement has been declined.

(2.) Title Partition Suit No.44 of 2007 was filed before the Settlement Officer, Dumka which was transferred to the Court of Sub-Judge, Godda and registered as Title (Partition) Suit No.48 of 2008. It was instituted for a preliminary decree for partition of schedule-A property to the extent of half share for the plaintiffs in the suit property. The petitioner appeared in the suit on 16.02008 but did not file his written statement inspite of several opportunities granted to him. Finally, he filed an application on 18.02010 alongwith a written statement for taking his written statement on record. This application has been dismissed by the impugned order dated 19.01.201

(3.) The learned counsel for the petitioner submits that on account of default on the part of the petitioner's lawyer, written statement on behalf of the defendant no.1 was not filed within the statutory period as provided under Order VIII Rule 1 CPC and there were several miscellaneous petitions pending by that time.