AMRITA DEVI Vs. ARUN KUMAR

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India whereby and whereunder order dated 29.09.2014 as also order dated 14.01.2016 passed in Title Suit No. 1 of 2014 have been assailed.

(2.) The brief facts, of the case, as per the pleadings made in the writ petition, is that title suit, being Title Suit No. 1 of 2014 has been filed by respondent/plaintiff for declaration of right and title over the suit property, in which, notice has been issued to the petitioners/defendants on 20.01.2014, which has been received by them sometime in March, 2013 and accordingly they have appeared before the trial Court on 15.04.2014 and thereafter written statement has been filed on 26.06.2014, but the trial Court has debarred the petitioners/defendants from filing written statement in Title Suit No. 1 of 2014 since it has been filed after lapse of period of statutory period, against which, the petitioners/defendants have filed petition dated 01.07.2014 for recall of order dated 26.06.2014, which has been rejected, against which, the petitioners/defendants have filed review petition under Section 148 of the Code of Civil Procedure, which was rejected vide order dated 14.01.2016; hence, the present writ petition has been filed by the petitioners.

(3.) This Court before going into the legality and propriety of the impugned orders, deem it fit and proper to make reference of Order VIII Rule (1) CPC, which reads as under: