NOOR MOHAMMAD ANSARI Vs. MD.JAFAR EQBAL

JUDGEMENT

(1.) MR . Satish Kr. Keshri, representing the Respondent nos. 1 to 10 submits at the outset that the Respondents do not need to file any counter affidavit in this case and learned counsel representing them would submit arguments, if necessary, in reply to the arguments advanced by the learned counsel for the petitioners.

(2.) CHALLENGE , in this writ application is to the order dated 25.08.2005, passed by Sri K. K. Jha, Additional Munsif, Bokaro in Title Suit No. 4 of 2004, whereby the earlier order dated 18.06.2004, passed by learned Munsif, Bokaro, under which the Respondents were debarred from filing their written statements, has been refused to be recalled and the written statements of the petitioners have not been accepted.

(3.) THE facts of the case in brief are that in the Title suit filed by the Respondents/plaintiffs, the present petitioners/defendants had appeared on 17.03.2004. However, no written statement was filed on their behalf within the period stipulated under Order 8 Rule 1 of the C.P.C. After awaiting for the written statements to be filed, when even after lapse of more than 120 days, the written statements was not filed, learned court below proceeded to record its order dated -18.06.2004, whereby the defendants were debarred from filing their written statements. The defendants/petitioners filed an application before the court below on 25.08.2004, praying for recalling the earlier order dated -18.06.2004 and to accept the written statements filed by them on 09.08.2004. The prayer was rejected by the court below by its order impugned dated -25.08.2005. Being aggrieved with the order dated -25.08.2005, the petitioners filed the present writ application on 23.11.2005