Prasenjit Mandal, J. - (1.) THIS application is at the instance of the plaintiffs and is directed against the Order No. 118 dated February 22, 2012 passed by the learned Civil Judge (Junior Division), 2nd Court, Alipore in Title Suit No. 189 of 2002 thereby accepting the written statement filed by the defendants after over of the period as mentioned in Order 8 Rule 1 of the C.P.C. The plaintiffs / petitioners herein instituted the aforesaid suit for a decree of permanent injunction restraining the defendants / opposite parties herein from selling and/or transferring or disposing the premises in suit as described in the schedule to the plaint to any third party. The said suit was filed on July 30, 2002 and the defendants entered an appearance in the said suit on September 30, 2002 and filed a petition praying for time to file a written statement but they did not file any Vakalatnama. Thereafter, the Court directed on several occasions to file Vakalatnama for the defendants. Both the parties to the suit proceeded with the matters appearing before the learned Trial Judge and ultimately, the defendants filed a written statement on November 29, 2011 along with a show -cause and also for vacating the ex parte hearing of the suit. That written statement was accepted by the impugned order with costs of Rs. 5,000/ - to the plaintiffs. Being aggrieved, this application has been preferred.
(2.) NOW , the question is whether the impugned order should be sustained. Upon hearing the learned Advocates of both the sides and on perusal of the materials on record, I find that the learned Trial Judge has failed to exercise the jurisdiction properly. Order 8 Rule 1 of the C.P.C. clearly lays down how the written statement is to be filed including the period of limitation within which such written statement is to be filed.
(3.) AS recorded above, the defendants entered an appearance on September 30, 2002 and the written statement was filed only on November 29, 2011, that is, more than lapse of 9 years from the date of appearance for the first time in the suit.;