Bhaskar Bbattaeharya, J. - (1.) This revisional application is at the instance of defendants in a suit for declaration, sale of security and recovery of money and is directed against Order No. 56 dated August 12, 1999 passed by the learned Civil Judge, Senior Division, 2nd Court, Alipore in Title Suit No. 85 of 1993 thereby allowing an application under Order 8 Rule 10 of the Civil Procedure Code.
(2.) After entering appearance in the aforesaid suit, the petitioners including the deceased defendant No. 2 prayed for time to file written statement and initially time was granted till January 17, 1997 for that purpose. Thereafter the defendants filed an application for a direction upon the plaintiff to supply the copy of the plaint. Such application was allowed and ultimately on June 19, 1997 the plaintiff filed a receipt showing service of copy of the plaint and the learned trial Judge fixed July 24, 1997 for filing written statement. Thereafter the defendants filed an application for a direction upon the plaintiff to supply a copy of the statement of accounts and the learned trial Judge by order dated December 6, 1997 directed the plaintiff to serve a copy of the statement of accounts upon the defendants thereby fixing January S, 1998 for filing written statement. On April 5, 1998 the learned trial Judge recorded that the plaintiff had filed a copy of the statement of accounts and thus fixed June 9, 1998 for filing written statement.
(3.) In the meantime of February 26, 1998 the defendant No. 2 of the suit having died, the surviving defendants filed a petition for time to file written statement and such prayer was allowed by the learned trial Judge fixing July 1, 1998 for filing written statement. The learned trial Judge further directed the opposite party to take steps for substitution on the death of defendant No. 2.;