BHAGWAT YADAV Vs. BADER ALAM

JUDGEMENT

(1.) DEFENDANTS -petitioners, aggrieved by the order dated 12.7.2005 passed by the Subordinate Judge 1st, Nawada in Title Suit No. 84 of 2000 rejecting the application to recall the order debarring the defendants from filing the written statement and fixing the case for ex parte hearing, has preferred this application.

(2.) SHORT facts necessary for the decision of the present application are that the defendants - petitioners appeared in the suit on 24.3.2004. The case was adjourned from time to time but they did not file the written statement and ultimately by order dated 1.11.2004 they were debarred from filing the written statement and the suit fixed fa ex parte hearing. Thereafter the witnesses were examined and cross -examined by these defendants. After P.W. 4 was examined on behalf of the plaintiffs these defendants prayed for time to crossexamine him. On their prayer the case was adjourned to 6.6.2005. On the said date, these defendants filed application for recall of the order dated 1.11.2004 and permitting them to file the written statement. By reason of the impugned order, said prayer has been rejected.

(3.) IN support of his submission, he has placed reliance on a judgment of the Supreme Court in the case of Kailash vs. Nanhku and others [2005(4) SCC 480] [: 2005(3) PLJR (SC)241] and my attention has been drawn to paragraph 46(v) of the said judgment, which reads as follows: ''